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October 8, 2008    DOL > WB > Frequently Asked Questions > Question 24   

Question: My employer told me that the firm can't hold my job for me until I come back from maternity leave and doesn't know if there will be a position for me after that. Can they do that?

Answer: Employers must hold a job open as long as they would for any other employee on temporary disability or sick leave. The Family and Medical Leave Act requires some employers to provide 12 weeks of job-protected, unpaid leave for birth, adoption and certain serious illnesses. Read more information about the Family and Medical Leave Act (FMLA).



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