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Pregnancy

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BarbO1999

Guest
What is the name of your state? New Jersey

I am a small business 3 employees. My office manager has worked for me for 6 1/2 months and then went out on maternity leave. Since that time I have found much work that she did not perform. This has costed us money and now we have a temporary person who is working very hard to clean up the mess and straighten out the accounts. My question can I let the girl on maternity leave go and if so should I put it in writing or call her in person. Or am I bound by some disability laws to keep her. I also feel she knew she was pregnant when she was hired since she told me 1 week after hiring her. Please advise.
 


cbg

I'm a Northern Girl
If you have documentation that it is because of her poor work performance and not because of her pregnancy, you can legally fire her. You are not required to keep her on just because she is on maternity leave. The law requires that you treat her the same as everyone else - she does not get special privileges. If you'd fire someone else in this situation, you can fire her. BTW, pregnancy may qualify her for short term disability payments, but it is NOT covered under the ADA, in case that's what you were thinking. Also, if you have only three employees, you are not bound by the ADA anyway.

The fact that she may have known she was pregnant when she was hired is immaterial. It would have been illegal for you to take that into consideration in making the hiring decision. This has nothing to do with her pregnancy; it has to do with her job performance. Keep it on that level and you're fine legally.
 
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