What happens on Tuesday if you are on maternity leave and you get the call you've laid off? I'm on the unpaid portion of my maternity leave using vacation days, do I all of sudden start getting a full paycheck again? Do I have any rights under fmla since I'm on maternity leave? Any insightful information would be appreciated.
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You will receive a phone call. Paid through end of FMLA plus severance.
Anonymous76273 is correct. FMLA requires a company to 'allow' you time off with/without pay is their choice as a benefits package. If you are laid off, you are still allowed the FMLA leave and if you were paid for that time then that is still in tact, but above/beyond that, the company only owes you any unused vacation/PTO etc. but they do not have to 'hold your job' for you.
They can eliminate your position while you are on a FMLA leave. You would be paid until your FMLA leave paid period ends, and then you would get the normal severance on top of that.
What if you're on an intermittent fmla?
If you are on FMLA, your job will be legally protected. HR knows this and if they fire you while on FMLA, you can sue and they will lose, so they won't touch your job.
Your position can still go through reorg though, so you could come back to a different team, role, mgr, etc.