Overview: Part 2 in a two part series. Returning to work after parental leave brings immense stress, making it vital to recognize baseline FMLA protections, spot subtle workplace restructuring, and push back against changes disguised as harmless help.
Part 2: Returning to Work After Baby: Know Your Rights Before Your First Day Back
You are returning to the workplace after having a baby. It is Monday morning. The baby is crying. You are crying. What do you do? The reality is that returning to work after having a baby is stressful enough without having to wonder whether your job is in jeopardy or whether you are facing discrimination. Unfortunately, during this crucial time when you are worrying about bottles, sleep, childcare, and feedings, you also need to pay attention to how things are or are not changing at work. It is crucial that you know your rights and how to stand up for yourself.
Know the baseline rule.
For eligible employees of covered employers, the Family and Medical Leave Act (“FMLA”) generally requires an employee returning from protected FMLA leave to be restored to the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. Not every employee or employer is covered by the FMLA, and other federal, state, or local protections may also apply depending on the circumstances.
Your employer should not use protected leave as an opportunity to quietly restructure your role, hand your responsibilities to someone else, or reduce your standing on the team. If you return to work and your title changes or the actual work you are doing changes, pay attention. Changes can also be more subtle. Maybe you are suddenly no longer allowed to work from home or work flexible hours. Perhaps you report to someone different, manage fewer people, receive different assignments, or stop being invited to meetings you routinely attended before leave.
One change alone does not necessarily mean you are experiencing discrimination. But timing, context, and patterns matter, particularly when changes happen immediately after parental leave.
Watch for changes disguised as “help.”
One of the most common patterns we see is seemingly well-meaning language masking a real change: a lighter workload, a “simpler” set of assignments, or being moved off a project “so you can ease back in.” If you did not ask for these changes, do not automatically assume they are harmless. Unless you want a lighter transition, do not let someone else decide that becoming a parent means you are less interested in your career.
Pay attention to changes in the meetings you are invited to, the assignments you are given, the clients you work with, the employees you manage, your compensation opportunities, and the trips or networking events you are invited to attend.
Red flags to pay attention to:
- Being demoted, reassigned, or given a “new” role that is really a step down
- Losing clients, projects, or responsibilities you previously owned
- Being excluded from meetings, travel, or communications you used to be part of
- A sudden shift in how you are treated by your manager or team
- Performance concerns that appear out of nowhere after your return
- A change in who you are managing
- Suddenly being subjected to increased monitoring or micromanagement
- Changes to your schedule or work-from-home arrangement
- Being passed over for opportunities you previously would have received
- Being placed on a PIP shortly after returning from leave
A particularly significant red flag can be a dramatic change in how your performance is described. If you were consistently considered a strong performer before leave and suddenly return to claims that you have been struggling for months or years, compare those claims with your actual performance history.
Know Your Pumping/Lactation Rights
If you need to pump at work, know your rights before you return. Under federal law, most nursing employees are entitled to reasonable break time each time they need to express breast milk and to a private space, other than a bathroom, that is shielded from view and free from intrusion. Some state laws provide even broader protections.
Consider communicating your pumping needs in writing before you return to work. You can tell your employer your anticipated return date, approximately how many breaks you expect to need, and any preferred times. Planning ahead can avoid the situation where you arrive on your first day back and discover no one has identified an appropriate space.
Also pay attention to how your employer reacts after you begin pumping. Complaints that you are taking “too many” breaks, pressure to skip a pumping session, comments that pumping is interfering with your productivity, refusing to provide an appropriate private space, or treating you worse because you requested pumping time can be important warning signs.
If something feels off, start documenting.
If something feels off, trust that instinct. If you notice you are being treated differently than before you left, begin keeping appropriate records right away, the same way you did before leave. Note dates and details while they are fresh. Do not forward work emails to a personal account. This can violate company privacy laws.
Also, ask questions. If you previously managed five employees and now manage two, ask why. If you are removed from a client account, ask why. If you used to attend a weekly leadership meeting and suddenly stop receiving invitations, ask why. You do not necessarily need to begin by accusing someone of discrimination. A straightforward written question can create an important record of what happened and when.
For example: “Before my leave, I was responsible for X, Y, and Z. Since returning, those responsibilities appear to have been reassigned. Can you help me understand the reason for the change?” The answer may provide a legitimate explanation. It may also help establish a timeline if the problem continues.
Do not ignore a surprise PIP.
One scenario we see repeatedly is an employee returning from leave and suddenly being placed on a performance improvement plan. A PIP is not automatically discriminatory. But timing and history matter. If you had consistently positive performance reviews before leave and, shortly after returning, your employer identifies a long list of alleged deficiencies that were never previously discussed with you, take it seriously.
Review the PIP carefully. Compare it with your prior reviews, goals, metrics, and communications. If something is inaccurate, consider responding appropriately rather than allowing an inaccurate description of your performance to become the only written record.
Do not resign impulsively.
When employees feel pushed out after returning from leave, their first instinct is sometimes to quit. Be careful. Resigning can have significant legal and practical consequences.
Know your rights.
These protections are not just for mothers. Fathers and non-birthing parents may also have important protections when they take qualifying parental leave. Employers should not punish a father for taking protected leave based on a stereotype that fathers should not need or want significant time away from work to care for a new child.
You do not have to wait until you are fired to talk to an attorney. If you are facing discrimination after taking maternity or paternity leave, or you think something at work is beginning to change, consider calling an employment attorney to discuss the relevant federal and state laws, evaluate what is happening, and understand your next steps. Many employment firms offer free consultations.
Having a baby changes a lot of things. It should not erase the professional reputation you spent years building.
This article is intended for general informational purposes and does not constitute legal advice. Laws and individual circumstances vary. If you believe your rights have been violated, consult with an employment attorney about your specific situation.
ABOUT THE AUTHOR
Megan Thomas, Esq. is a plaintiff’s employment attorney and the founder of Megan Thomas Law, PLLC, a New York-based firm dedicated exclusively to representing employees in cases involving workplace harassment, discrimination, and retaliation. She never represents employers, and her practice is grounded in the belief that workplace culture only changes when there are real consequences for misconduct. Megan’s advocacy is informed by personal experience with workplace harassment early in her career, and her work has been featured in outlets including Entrepreneur, Bloomberg Law, and Law360. She lives and practices in Syracuse, New York, with her husband and two children.
Cover photo by Mart Production
