can my daughter be asked to resign her job and then go on maternity leave?

My daughter recently secured full-time employment (3months ago) She has found out that she is pregnant. She understands that she will not be covered under the Family Medical Leave Act but her employer is asking her to resign and then go on maternity leave at which point she will be reinstated upon returning to work. Is this legal? She has also been told that she will not have any medical benefits while on leave and no STD. She is paying for STD and LTD as well as medical benefits. How does the law protect women who wish to go on to maternity leave? She was also asked to work part-time from home while on leave which she will not receive benefits. Should she petition the HR Department or seek legal advice? Thank you for your time.

1 answer  |  asked Apr 20, 2011 8:03 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
You have a series of questions, which have not so simple answers. Initially, requesting that an employee resign to take maternity leave not only doesn't sound right, but also probably violates federal and state law. If she is covered by medical benefits and takes a leave she will be able to continue that coverage, she may have to pay the premiums based upon the health insurance policy. She will have several issues, if she works from home on leave and is paid, then why no benefits?

Please see an employment attorney near you. You can find one at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Apr 21, 2011 10:30 AM [EST]

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