No FMLA Today!

[SUSIEQ502]

What is the name of your state? California
Can an employee who has been employed for under 12 months lose their job due to maternity leave?

 

[cbg]

How many employees does the employer have? How much leave did the employee take? Is it certain, or only assumed, that the termination is BECAUSE OF and not IN SPITE OF the maternity leave?

 

[SUSIEQ502]

Employer has around 5 employees, employee hasn't taken the leave yet...I was just wondering if there would be any legal way to keep the job. It isn't threatened yet, but the employer isn't aware of the pregnency yet!!!

 

[cbg]

While FMLA does not apply because of the size of the employer, and would not apply because of the length of employment, California has a state law which is applicable to any employer who has 5 or more employees, which requires up to four months of leave for pregnancy/disability. It doesn't matter how long the employee has worked there; she is automatically entitled to this leave. Terming her employment due to taking this leave would be a violation of the law.

Terming ANY employee BECAUSE she is pregnant would be a violation of Federal law.

 

[SUSIEQ502]

Thank you!