Employees returning from protected maternity leave generally have the right to return to their previous job or an equivalent or comparable position. That does not always mean the exact assignment you had before leave, but an employer cannot use maternity leave as a reason to demote you, cut your pay, or sideline your career. For employees in Westchester County, the specific protections depend on which leave laws apply.
What Job Protections Does the FMLA Provide After Maternity Leave?
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of job-protected leave for qualifying reasons, including the birth of a child and bonding with a newborn.
When you return from FMLA leave, your employer generally must restore you to your previous job or an equivalent position. An equivalent position should be virtually identical in terms of pay, benefits, working conditions, and other important employment terms.
That protection goes beyond salary. An employer generally cannot move you from a management role to a position without supervisory authority, for example, and argue that the jobs are equivalent simply because the paycheck is the same.
Does New York Paid Family Leave Protect Your Job?
New York Paid Family Leave (PFL) provides another layer of protection for eligible employees who take time off to bond with a new child.
Unlike the FMLA, which generally provides unpaid leave, New York PFL provides partial wage replacement. It also provides job protection. When you return, you are generally entitled to your same position or a comparable one with comparable employment benefits.
Depending on your circumstances, FMLA and New York Paid Family Leave may apply at the same time.
What Does an Equivalent or Comparable Job Mean?
An employer cannot simply give you any available position when you return from protected maternity leave.
Under the FMLA, an equivalent position generally should have substantially similar duties, responsibilities, status, and authority. Your pay, benefits, work location, and schedule may also be relevant.
Changes that deserve closer attention include:
- Reduced salary, bonuses, or benefits
- Loss of supervisory or decision-making responsibilities
- A significantly different schedule or work location
- Assignment to a lower-status position
- Reduced opportunities for advancement or overtime
The title alone does not determine whether two positions are equivalent. What you actually do and the terms under which you work also matter.
Can Your Employer Give Your Job to Someone Else While You Are on Leave?
Your employer may temporarily assign your responsibilities to another employee while you are away. The fact that someone else performs your work during maternity leave does not, by itself, violate your rights.
The issue is what happens when you return. An employer generally cannot avoid its reinstatement obligations by permanently giving your job to your replacement and claiming there is nowhere for you to return. If your leave was protected, you may still be entitled to your previous position or an equivalent or comparable role.
Can You Be Laid Off During Maternity Leave?
Protected leave does not guarantee employment regardless of what happens at the company.
If your position genuinely would have been eliminated even if you had never taken leave, your employer may be able to include you in a legitimate layoff or restructuring.
However, an employer cannot use restructuring as a pretext for terminating you because you took maternity leave. A supposed layoff may warrant closer scrutiny if your position remains, your replacement continues to perform your job, or the employer offers inconsistent explanations for the decision.
What If Your Job Changes After You Return?
Not every change amounts to a legal violation. The question is whether your maternity leave influenced the decision.
A sudden demotion, loss of responsibilities, schedule change, or negative performance review immediately after your return may raise concerns, particularly if your employment record was positive before leave.
Comments from supervisors may also matter. Statements suggesting that having a new child makes you less committed to your career or unable to handle demanding assignments could point toward pregnancy or sex discrimination in addition to a potential leave violation.
Employers also generally cannot retaliate against eligible employees for exercising protected leave rights. Retaliation may include termination, demotion, reduced hours, or unfavorable assignments connected to your leave.
What Should You Do If You Return to a Different Job?
Start by comparing your position before and after leave. Consider your compensation, responsibilities, authority, schedule, location, and opportunities for advancement.
Preserve your leave paperwork, job descriptions, performance evaluations, emails, and communications about your return. If your employer explains why your position changed, keep a record of that explanation as well.
These details can help determine whether the change was a legitimate business decision or potentially unlawful treatment related to your maternity leave.
Talk to Us About Your Right to Protected Maternity Leave
Taking protected maternity leave should not cost you the position, compensation, or professional standing you had earned before your absence.
If your employer in Westchester County refused to restore your position, substantially changed your job after maternity leave, or retaliated against you for taking protected leave, turn to Fearless Justice. We represent employees in FMLA, New York Paid Family Leave, pregnancy discrimination, and retaliation matters and can help you determine whether your workplace rights were violated. Schedule a confidential consultation today.