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No maternity leave = unemployment?
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No maternity leave = unemployment?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
If we don't offer maternity leave can employees collect unemployment?
We are a small company- we do not come under FMLA (we have about 30 employees within a 75 mile radius.
One of our employees is p
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Forums » Topic Forums » Legal Forum » No maternity leave = unemployment?
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No maternity leave = unemployment?
posted at 2/3/2011 7:24 AM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
If we don't offer maternity leave can employees collect unemployment?
We are a small company- we do not come under FMLA (we have about 30 employees within a 75 mile radius. One of our employees is pregnant and we do not offer maternity leave. Our CEO is telling me that I can offer 2 weeks up-paid maternity. Most day care's don't even offer child care until after 6 weeks. Aside from FMLA is there another law that protects her job for a more reasonable amount of time? IF NOT, will she be able to collect unemployment? Sincerely, Employee Advocate |
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No maternity leave = unemployment?
posted at 2/3/2011 7:58 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
A few questions for you:
What state are you in? Some states do required leave for pregnancy that have a lower threshhold than FMLA. What is your role? Are you an HR professional? What has your organization done in terms of leave for persons with illnesses/physical conditions other than pregnancy? |
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No maternity leave = unemployment?
posted at 2/3/2011 8:16 AM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
We are in Texas, I am the recruiter / HR generalist. We have not come across maternity needs before, aside from below which is an extenuating circumstance.
We've only had one other instance where one of the employee's had complication and a C- section, so her boss just verbally told her that her job would be here when she can come back- which was about 8 weeks, maybe a little less. That whole time the baby was in the hospital anyway. When the baby came out she was given two weeks to be at home with the baby. |
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No maternity leave = unemployment?
posted at 2/3/2011 8:18 AM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
Sorry, aside from maternity we have never really come across people needing medical leaves. That I know of, everything is pretty hush, hush and is discussed between an employee and their immediate supervisor. One last time, we have hired a contractor to replace someone that needed to be out for some back surgery- but again, I only know that being in HR- it's not known company-wide. |
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No maternity leave = unemployment?
posted at 2/3/2011 10:24 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Why would you treat this pregnant employee differently from the one requiring a C-section? If this pregnant employee questions why she isn't going to get the same consideration, what are you going to tell her? Ditto for the question of whether or not she can return to her job. There's a precedent here that's been established. And if the current pregnant employee is a minority and the C-section case wasn't, then you might also have discrimination issues.
You have another precedent in hiring a contractor to replace someone out for surgery. You cannot treat a pregnancy any differently than how you treated a non-pregnancy medical situation. |
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No maternity leave = unemployment?
posted at 2/3/2011 10:29 AM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
Isn't a woman a minority anyway?
So, what if this girl goes to my HR Director and says she want's the same treatment as the previous girl with the C-section or the guy with the back surgery and she doesn't get it. Could she then sue? Or at least file for unemployment? |
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No maternity leave = unemployment?
posted at 2/3/2011 12:17 PM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
She could file a complaint with the EEOC under the Pregnancy Discrimination Act.
Yes, decisions based on gender are illegal. My point was that if the two women were of different races, for example, the one not getting the benefit of an LOA with a return to her position could file a complaint with the EEOC on the grounds that the decision was made on the basis of her race. |
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No maternity leave = unemployment?
posted at 2/3/2011 12:20 PM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
To be more clear, if she does not get the same consideration as the prior C-section case or the back surgery case, yes she could file a complaint with the EEOC under the Pregnancy Discrimination Act.
Do you consider it fair that this person not get the same leave benefits as the C-section case or the back surgery case? |
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No maternity leave = unemployment?
posted at 2/4/2011 2:41 AM EST
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Posts: 45
First: 1/13/2011 Last: 4/14/2011 |
In my household women are not the minority, but that's another topic.
This employee, based upon what you share, may have a good complaint with the EEOC, as others have shared. If an employee is granted time off (leave) for a back injury and then a pregnant employee is denied leave for a pregnancy related issue then you are quite probably in violation of the PDA. With that said, while all states are different the vast majority require the recipient of UIC to be "ready, willing and able" to work. The pregnant persons personal condition would answer that but based upon what you share the answer would be probably not. |
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No maternity leave = unemployment?
posted at 2/4/2011 3:16 AM EST
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Posts: 18
First: 2/3/2011 Last: 2/9/2011 |
@Nork4-
Thank you, no I don't think it is fair at all, that's why I'm trying to get advise to take to my HR Director to get a plan put in place. As a recruiter it's hard to recruit for a "Christian company" that doesn't provide mat leave!!! It's actually embarrassing! So if I hit a wall and I can't get an extension from 'two weeks' and she does file a complaint with the EEOC, can she sue us for discrimination? |
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