What Happens to My Job While I am on Maternity Leave?

Childbirth should be a wonderful time for you and your family. Pregnant women and new mothers are protected under federal and state law and should not need to worry about what happens to their job while they are on maternity leave.

Federal and state laws provide pregnant women and new parents with maternity benefits and protections. Under the federal Family and Medical Leave Act (FMLA), eligible employees of covered employers are entitled to leave for specific family or medical reasons. This federal law provides eligible employees unpaid, job-protected leave for up to 12 weeks. New parents with newborns may take leave under the FMLA.

Additionally, under the state New Jersey Family Leave Act (NJFLA), eligible employees may also take up to 12 weeks additional leave after their child is born to take care of the newborn child.

Job Protection

Upon returning to work for these new mothers, the employees are entitled to their previous position without termination, demotion or reduction of salary. Your employer cannot eliminate your position or terminate your role because you took pregnancy leave. If the position is no longer available due to shifts in the company, the employer must offer the employee returning from leave a position similar in salary, benefits, and status.

Protection Against Discrimination

Further, your employer cannot discriminate against you due to your pregnancy or maternity leave. The New Jersey Law Against Discrimination (NJLAD) protects pregnant employees and new mothers from pregnancy discrimination and maternity leave discrimination. Examples of maternity leave discrimination include:

• Terminating an employee who recently had a child
• Demoting an employee who recently had a child

New Jersey Maternity Leave Attorneys At McOmber McOmber & Luber, P.C. The birth of your child should be a beautiful time for you and your family. You should know the maternity benefits you are entitled to. If you have experienced maternity leave discrimination of pregnancy discrimination, we are here for you.