QUESTION
If on maternity from a job with less than 50 employees, what exact rights do I have as far as coming back to work?
Asked on Apr 07th, 2015 on Labor and Employment - North Carolina
More details to this question:
I left a full time graphic design position for 6 weeks. I had 1 week paid and we had only a verbal agreement of returning whenever I was ready. I told them it would only be 6 weeks because that was the minimum required for a c-section. My 6 weeks is up but they are only offering me a completely different position for half the hours. Is this legal? What are my options?
1 ANSWER
4 Awards
If they have less than 50 employees, then the FMLA does not apply and your position is not guaranteed. If they have less than 50 employees, there is no such guarantee. In limited circumstances, you could file a claim alleging pregnancy discrimination if the employer allows leave of 6 weeks for non-pregnancy related medical leave.
Answered on Apr 08th, 2015 at 12:09 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.