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Secura
07-23-2004, 03:46 PM
I am a Pre-K head teacher is a small, family-owned private school in New Jersey. I have been working there for the past 3 years. Because of me being pregnant, they sent me home a letter saying that I do not need to come back after my maternity leave. I have been trying to find out if this is even legal, but all I read says that laws don't apply to businesses with under 50 employees. Anyone know if this is true?

LConnell
07-23-2004, 06:53 PM
You are correct in your understanding that protected leave rights due to pregnancy are only applicable to employers with 50 or more employees in a 75 mile radius. (There are a number of other qualifications on both the employee's and employer's part before a leave is protected.)

On the other hand, federal law prohibits discrimination on the basis of pregnancy. The discrimination law applies to employers with 15 or more employees.

New Jersey has a similar law banning discrimination on the basis of pregnancy. If you believe that the reason you are being terminated is as a result of your pregnancy, then you may have cause for a complaint of discrimination.

On the other hand, if you are being terminated for other reasons, and your pregnancy is coincidental, your employer has the right to let you go, assuming that you and the employer don't meet the qualifications of the federal leave act.

My suggestion is that you try to talk with your former employer, ascertaining the reason for the termination. Also, because you have been let go, you may be eligible to file for unemployment benefits. Let me know if you have additional questions.

Sue
07-23-2004, 07:56 PM
I am a Pre-K head teacher is a small, family-owned private school in New Jersey. I have been working there for the past 3 years. Because of me being pregnant, they sent me home a letter saying that I do not need to come back after my maternity leave. I have been trying to find out if this is even legal, but all I read says that laws don't apply to businesses with under 50 employees. Anyone know if this is true?


You need to start by getting in writing the REASON WHY they "let you go." And then, determine if it is accurate, i.e. poor performance. If they state that they let you go due to your maternity leave then it is not legal.

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