is it legal in the state of NC to fire someone if they plan to take materinty leave. I work for a private school in the state of NC I want to have another baby but today my boss said if i took matriernty leave I would most likey be let go but i would be at the top of the list to rehire. Is this legal to let someone go because you go on materinty leave?
2007-10-22 11:41:46 · 37 answers · asked by amy m 1 in Politics & Government ➔ Law & Ethics
Most state government protect your job for up to 90 days leave for a given year. If you exceed that amount, any company can replace you.
2007-10-22 11:53:07 · answer #1 · answered by Anonymous · 1⤊ 1⤋
regardless of the state you live in, you are protected by the FMLA (family medical leave act). You can find lots of things on it on line too. Its federal.
Your boss may not fire you if you leave for the specified time you are legally entitled to. Ask your school for their information packet on the FMLA, and see what their employee handbook says about your position.
Obviously as a teacher, they will have to hire someone to fill your position when you are on leave. But they should have protocol in place for putting you back into their schedule after you've completed your leave. Maybe that is what the boss was talking about? and he's just confused about the process?
2007-10-22 11:48:04 · answer #2 · answered by almondsarenuts 3 · 1⤊ 0⤋
The federal Family and Medical Leave Act:
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition.
Your employer may not be "covered" by this law, depending on how many employees it has and other factors.
2007-10-22 11:48:40 · answer #3 · answered by raichasays 7 · 1⤊ 0⤋
In most cases, it's illegal to fire you for maternity leave. There are provisions though. Your school has to employ more than fifty people for at least twenty weeks a year. That's probably true in your case.
However, you have to work in an industry affecting commerce. I respect teachers but, it might be tough to claim you affect commerce. Ofocurse later it reads that "public agencies," I.E. Schools are also covered. You need to do better than Yahoo Answers for this and talk to an attorney.
Check out the link below for more details.
2007-10-22 11:53:39 · answer #4 · answered by anonimitie 7 · 0⤊ 0⤋
No, but if they want to fire someone, they can put on the pink slip whatever they want. Most likely they will have another reason listed.
The boss should not have said that because it actually would be illegal to fire someone for that. But by 'let go' he could have meant, suspended or laid off. This would be legal to do because they could just say they had to replace you for the best interest of the business and then when you were ready to come back, they no longer had a place to put you. So since they could not fire you, they had to lay you off.
2007-10-22 11:46:28 · answer #5 · answered by AveGirl 5 · 1⤊ 1⤋
No, that's not legal.
If that business has over 45 employees and the woman has been working there for at least a year, she is garuanteed maternity leave. Paid is not promised, but she is promised maternity leave.
You need to tell your boss that you could sue him if he did that. By LAW you are required to be given at least 6 weeks maternity leave with the knowledge that you would have a job when you return. You could take him to court and win.
2007-10-22 11:45:29 · answer #6 · answered by FaZizzle 7 · 1⤊ 0⤋
She has criminal floor to sue her former business enterprise. it relatively is a good factor that she did no longer take the severance nor sign those papers!!! She has the final to be recommended, even on maternity bypass away, if something is occurring that may replace her job prestige. to no longer point out maximum paces supply 6-8 weeks of maternity bypass away before even considering filling a place. If she is having issues looking a job, she would be in a position to report for unemployment reward, yet while i grew to become into her, i could stumble on a good criminal expert and SUE!!!!
2016-10-07 10:15:45 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I know that in the state of California its a BIG NO-NO. Also, from what i know of in most other states as well. I would check your states web-site. Most of the time they have and employment section and under that they give guidelines and legal info. Im not sure if it is a federal law. if it is. your boss could be fired just for saing that to you and you could sue the hell out of the company you work for
2007-10-22 11:48:30 · answer #8 · answered by chris_brown406 1 · 0⤊ 1⤋
No, but you have to prove it! Why did you talk to your boss about it?
Keep a diary from now on at work. Log every conversation which is relevant to this issue. You should also join a union now - before you become pregnant. In the UK, you have the right to belong to a union and you would join Unison in the job you are in. It is a large, powerful union and would enforce your rights. Often, just being a member is enough for bosses to leave you alone.
Good luck with fighting this discrimination.
2007-10-22 11:48:19 · answer #9 · answered by Stripey Cat 4 · 0⤊ 2⤋
NO! document that he said that. Start writing every thing down. Now, chances are, your boss might see that you are planning on having another baby and he will let you go for some other reason. You need a lawyer!
2007-10-22 11:45:55 · answer #10 · answered by Kimbo Bimbo 2 · 0⤊ 0⤋