Maternity Leave in Indiana
Posted by Tamara
Federal law allows employees to take leave for certain reasons. The FMLA (Family and Medical Leave Act of 1993) provides workers with up to 12 weeks of unpaid, job-protected leave for childbirth, bonding with a new baby or caring for a newly fostered child.
Indiana employees are concerned if a worker on maternity leave can be fired or laid off. Under FMLA, the answer is usually no, but as with any rule there are exceptions.
Under FMLA the worker’s job is protected while on leave. That means, that when the employee returns to work, he or she must return to the same job. If that job is no longer available, the employer is required by federal law to find a comparable job for that employee, one with similar working environment, benefits and pay.
One exception to the FMLA rule is a scenario where the company experiences downsizing or layoffs. For instance, Corinne is a secretary for XYZ Manufacturing. While she is on maternity leave, XYZ lays off six other secretaries. The layoffs are determined by seniority, and Corrine falls into the group to be terminated. In that case she could lose her job even while on leave.
XYZ Manufacturing can not decide to lay off Corrine just because she is pregnant. Doing so is an act of discrimination and is a violation of the PDA (Pregnancy Discrimination Act).
Additionally, XYZ Manufacturing can not lay off Corrine because it prefers the work of Alice, her temporary replacement. If XYZ wants to hire Alice in a permanent position, it may do so, but only in addition to Corrine, not to replace her. Corrine must be allowed to return to the same job or to a job with the same hours, benefits and pay.
The answers to the scenarios listed are for those employees covered by FMLA, which includes all but eleven states. In California, Rhode Island, Connecticut, Washington and seven other states, the state family leave law applies. In any of these states, the answers to the discussed scenarios could be different.
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