Our office remains open to serve your important legal needs during these turbulent and challenging times. We are happy to schedule client consultations and client meetings by telephone or video-conference at your request.
Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Has your employer made going back to work after a birth hard?

Taking time off of work after the birth of a child is necessary. Even the healthiest and strongest woman will need time for her body to recover from the difficulty of birth. Children also benefit from having uninterrupted bonding time with their parents right after their birth.

Even if your employer doesn’t offer paid maternity leave, as long as you have been with them for 12 months and your employment meets certain criteria, you have the right to take unpaid leave because of your pregnancy and delivery.

In theory, whether you took unpaid leave or paid maternity leave, you have the right to return to the same job and pay as before the leave. What happens if your employer doesn’t cooperate?

Your employer might resent your leave of absence

Pregnancy discrimination is surprisingly common for working mothers. Companies may assume that a woman who has just had a child will no longer do good work or won’t be as dedicated to the company as she once was. They may worry about how much time you will have to spend caring for your child.

The company might train someone to fill your position while you are gone and then decide not to offer you the same position when you return to work. As long as they can offer you a similar position for the same pay, that isn’t necessarily a problem.

However, if they expect you to accept a demotion, a pay cut or a reduction in your hours, your employer has probably violated your rights. After you take maternity leave, you should not have to worry about whether you have a job to come back to.

 Communicating in writing about employment concerns can help you

Instead of pulling your manager aside to ask them questions, send a formal email. That way, you have written documentation when they respond about not giving you back your old job or expecting you to take a cut in pay.

In some cases, simply needing to type out their decision might remind your supervisor that they have violated your rights and prompt them to fix the situation. Even if they don’t, written correspondence will provide you with a paper trail that will make it easier to show that the company discriminated against you.

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“I used the Bryan E. Kuhn, Counselor at Law, P.C. team to help me with a case. They were always professional, upfront, and positive providing guidance while keeping me informed.”
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“The team was very professional in helping me to get through an uncomfortable ADA situation at my workplace. This was a very good legal experience. I would recommend Bryan E. Kuhn & team to anyone who needs work related legal help.”
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“Bryan, Katie, and all the staff in this office are super fast to respond, expert in their fields, and always helpful. We have been extremely pleased with their services for our small business.”
– T.Z.

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Bryan E. Kuhn, Counselor at Law, P.C.
1660 Lincoln Street Suite 2330
Denver, CO 80264

Local: 303-424-4286
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