2007-08-09 16:43:43 · 8 answers · asked by Ridiculous 3 in Politics & Government ➔ Law & Ethics
She had maternity leave to take...I thought that there was a law about the Family Medical Leave Act or something...
2007-08-09 16:53:38 · update #1
She was an office manager of some sort for the county youth facility for mental health...she did in fact have the leave to take and actually had to be put on bed rest, docs orders! She has a Masters degree...I mean, it's not like she was the manager of the local fast food place or something...
2007-08-09 19:27:47 · update #2
also, she has not been given a reason as of yet...
2007-08-09 19:28:26 · update #3
I mean, she made almost 80k a year! They paid for her to go out of state and help train other facilities and make sure that they were up to code...
2007-08-09 19:30:14 · update #4
No they cannot, an equal position to the one they had before maternity leave must be kept for them or they can go back to the job they left. If not the woman would have a great case for discrimination.
2007-08-09 16:49:25 · answer #1 · answered by rxing 7 · 2⤊ 0⤋
On the average, mothers need from 6 to 8 weeks to recover from childbirth. This equals approximately 2 months of disability leave (paid or unpaid, depending on the employer's program). Under the Pregnancy Discrimination Act, the same procedures used in determining the ability of other employees to work should be used to determine the ability of an employee temporarily disabled by pregnancy to work (for example, a doctor's statement). Maternity leave time enables the mother to recuperate, to adjust to caring for the newborn child, and to make suitable child care arrangements for the infant before returning to work. The ability to use such leave can often make the difference, both financially and emotionally, between the well-being of a family and severe stress.
2007-08-09 23:55:18 · answer #2 · answered by photoguy2 3 · 0⤊ 0⤋
yes, it could legally happen lots of ways.
lets say the company fires everyone because they are going out of business. the pregnant person gets fired too.
lets say the new mom didn't have enough leave earned to take the time off she is taking. if she has not got an approved leave of absence, then sure she can be fired.
or if she says she will be back in two weeks then doesn't show up and doesn't call to make other arrangments.
also if it comes out that her performance was bad (ie before she went on maternity leave she violated laws, falsified her time record, made unauthorized purchases, sexually harassed people etc. - violated company policy) then yes she can be fired when on maternity leave. there are many ways it could happen also that would not be legal.
2007-08-09 23:49:49 · answer #3 · answered by BonesofaTeacher 7 · 2⤊ 0⤋
The Family Medical Leave Act applies to companies of 50 employees or more. The employee must meet criteria to be eligible, including having worked 1,250 hrs during the last 12 mo. If the criteria of the Act are not applicable to the company for which she worked, the company is within its rights to fill her position in order to keep their company solvent and viable.
2007-08-10 00:10:47 · answer #4 · answered by Anonymous · 1⤊ 0⤋
She can't be fired FOR taking maternity leave, after having just had a baby, etc. I mean, what if she took "maternity" leave, but hadn't had a baby? What if while on maternity leave, she started a website trashing her company?
In other words, what were the grounds for her dismissal? Clearly it could not simply be that she took maternity leave that was rightfully hers to take.
More details please.
2007-08-09 23:58:58 · answer #5 · answered by Just_One_Man's_Opinion 5 · 0⤊ 0⤋
Yes In the US one can be fired for any reason or for no reason at all at any time. Most employees are "Employees at will" which means they have no rights.
2007-08-09 23:48:34 · answer #6 · answered by fredrick z 5 · 3⤊ 0⤋
Do you belong to a union? Do you have a contract?
2007-08-09 23:49:42 · answer #7 · answered by treebird 6 · 1⤊ 0⤋
Anyone can be fired you can always sue your employer if its a unwarranted firing.
2007-08-09 23:53:21 · answer #8 · answered by ? 5 · 0⤊ 1⤋