Can anyone please tell me is it OK for my employer to ask me for an indication as to when I'm going back when my daughter is only 11 weeks old??

Well, depending on what country you are in and what your employers policy is on maternity leave - it is okay for them to ask. They need to know.

It depends on the terms on which you are out on maternity. If you are coming near the end of your maternity leave, then he has a right to ask. Even if not, he's probably within his rights since he has to plan around your absence.

I'm curious as to why you think it isn't OK. Doesn't your employer deserve the courtesy of knowing if and when you plan on returning?

You may be entitled to extended leave under FMLA or sick leave but you employer can certainly ask. Your job may be done by a temp right now but if you aren't planning to return at the end of FMLA they need to start interviewing. Are you holding back on answering for s reason, did you believe holding off alters some of your rights or benefits?

Isn't the FMLA for a 12 week period? IT was when I had my daughter - but that was 7 years ago.

It is still only 12 weeks, so it sounds perfectly reasonable for them to ask. They need to know if they will be looking for a replacement... technically though, if you don't return after the 12 weeks (and there is no medical reason), they have to option of firing you...

Yes, since by 11 weeks many women would have returned to work, and as noted normally the time allowed is not over 12 normally. So I guess he wants to know if you are going to be back to work next week, or not.
If you want a longer period you will have to ask him unless prior arrangements were made. Most people would be having a contact with their boss to keep them informed.

How long were you planning on staying out, is there a medical rerason ?

FMLA is 16 weeks and runs concurrently with any paid sick leave. Once you have used up paid sick leave your pay stops but you can stay out longer without fear of losing your position, up to 16 weeks. By federal law you must be placed back in a nearly identical position without loss of pay grade or benefits. To achieve FMLA status it is simply filling out a few fed forms provided by the employer. The employer may ask if you plan to return at the end of 16 weeks but you are not required to answer the question or even be truthful. That's the law.

FMLA is 16 weeks and runs concurrently with any paid sick leave. Once you have used up paid sick leave your pay stops but you can stay out longer without fear of losing your position, up to 16 weeks. By federal law you must be placed back in a nearly identical position without loss of pay grade or benefits. To achieve FMLA status it is simply filling out a few fed forms provided by the employer. The employer may ask if you plan to return at the end of 16 weeks but you are not required to answer the question or even be truthful. That's the law.


The FMLA only applies to companies with more than 50 employees.

I was only allowed to be out with maternity leave for 6 weeks total, 8 if I would have had a c-section... was there something wrong with delivery? If it was normal, you should be back at work by now. So, yes, they a right to know if and when you're coming back.