I'm out of a job after Maternity leave.

[Emel712]

I am working on contract for the City (government position, I will not say which City, but it is in the top 10 in the country). I am leaving on maternity leave in a few months and there will be 6 months left on my contract. I am taking a year off for maternity. When I come back I will not have a job, unless I come back 6 months early, which I don't want to do. They will be hiring some one for my position for the year that I am gone, but then they will be renewing after a year, not me. I feel like I'm being screwed over because I am pregnant.

Is this fair? Should I be given my job back when I come back, or am I out of luck because I'm on contract?

 

[Duranie]

If you are taking a year off for maternity, I don't see why you should still have a job. FMLA only protects you for 90 days anyways and if you cannot return to work in 90 days, then they can terminate you. Most women do not take a year off and its not feasible to expect a job is going to be held that long for you. It is not discrimination.

So legally you do not get the right to take a year off and secure your job. If you do not want to come back early then you can be terminated.

 

[Emel712]

I'm in Canada and we don't have FMLA. Maternity leave and parental leave is 35 and 15 weeks, women take both and come back to work. It is paid out by the government.

They can't terminate you because you're pregnant and taking maternity leave.

 

[Duranie]

You did not specify you were in Canada in your original post. No Canadian lawyers are on this board.

If you are taking a longer leave then manadated by law, I imagine they can termimate you but you are going to have to check with a Canadian employment law attorney.