Can your employer post your position while you are out on maternity leave and offer you a comparable one when you return?

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1056972

2026-07-16 21:05

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Yes, an employer can post your position while you are on maternity leave, but they must comply with applicable laws regarding job protection. In many jurisdictions, including under the Family and Medical Leave Act (FMLA) in the U.S., you have the right to return to your original position or a comparable one. If the employer seeks to fill your position, they should ensure that you are offered a comparable role upon your return. It's advisable to check local laws and company policies for specific rights and protections.

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