Maternity Leave & Paternity Leave

San Antonio employer lawyer Rob Wiley represents employees concerning maternity leave and paternity leave.

The Family and Medical Leave Act (FMLA) provides many workers with the ability to take leave for the birth or adoption of a child without fear of being terminated by his or her employer.

The FMLA generally provides the right to 12 weeks of maternity and/or paternity leave. San Antonio employer lawyer Rob Wiley represents employees seeking to take leave for the birth of a child or the adoption of a child.

An employee must generally have worked for the employer for at least a year to be eligible for maternity and paternity leave.  Preemptive retaliation against employees who will become eligible for such leave is prohibited.  For example, it is unlawful for an employer to fire a pregnant employee to prevent the employee’s eligibility for maternity leave.

San Antonio employment lawyer Rob Wiley represents employees who have suffered such preemptive retaliation.

After maternity or paternity leave, an employee is entitled to return to the same or an equivalent position.  It is unlawful for an employer to require an employee returning from maternity or paternity leave to take a different position with different duties, responsibilities, privileges, and pay rates.

Violation of an employee’s right to maternity leave may also violate anti-pregnancy discrimination laws.  For information about pregnancy discrimination visit our pregnancy discrimination page.

If your employer is interfering with your right to maternity or paternity leave, or is retaliating against you for taking maternity or paternity leave, please contact San Antonio employment lawyer Rob Wiley.

 

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