Severance pay for maternity leave

Is it legal for an employer to lay off pregnant employees before/during/after maternity leave without additional compensation for medical leave of absence benefits in their severance agreement even though employee may be entitled to at least 6 standard weeks of leave?

Please provide answer for before/during/after case (if it varies) as all cases apply.



1 answer  |  asked Nov 21, 2001 1:47 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
no law re "severance agreement"

the law does not require employers to provide any paid leave to employees for maternity leave. however, they are entitled to continuation of medical benefits during leave. if the employee would have been laid off regardless of pregnancy or leave status, they can be laid off before/during/after. pregnant employees are not entitled, by law anyway, to compensation for paid leave they would have gotten had they not been laid off.
in many cases, however, the employer cannot justify the "layoff" without violating laws entitling the employee to reinstatement after their seven months of leave. you should talk to an attorney experienced in employment law. if you are in southern california, please call for a telephone interview.
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Nov 21, 2001 11:36 PM [EST]

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