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It depends. If you notified your employer that you were taking maternity leave - were paid all during your maternity leave - and then laid off when you reported back for work ready to resume your job - you probably can be. The law doesn't guarantee that you will be given a job, only that you may resume your old position. If, while you were on maternity leave, your position was eliminated or the company downsized your former position may have been eliminated. If you can prove that you were laid off SOLELY BECAUSE OF your maternity leave, then you might be able to challenge it. A lot depends on your employment agreement or union contract and your state's labor laws.

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10y ago
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14y ago

You can leave your job anytime you like. But you may want to consider giving your employer appropriate notice so they can make adjustments. In the future, you may want to return to this employer, or may need to ask for a reference. If you consider your employer's needs now, you will be in a better position later.

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13y ago

Employees on any kind of leave can be laid off without violating employment law. When there must be a layoff, and you are next on the seniority list, off you go. No EEO law can prevent that.

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Q: Can you be laid off after maternity leave?
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