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Dwiley
10-04-2006, 10:52 AM
We just hired an employee, working now about one month, we have 15 employees in the office. She has just been put on complete bedrest due to pregnancy, she is in first trimester of her pregnancy. Can she be fired? Do we have to pay her full salary while out on disability? Do we have to hold her position until she decides to return to work?

ElleMD
10-04-2006, 11:08 AM
Since you have so few employees and she has been with you such a short period of time, you do not have to hold her position or pay her full salary unless it is your policy to do so for others who are in the same boat, but out for other medical conditions. If you'd do it for the guy who worked there a month and went out for several months after a car accident, you need to here as well. If you can only hold the job so long or only pay the salary for so long, you aren't obligated to do more for this employee.

Whether she qualifies for state disability has no bearing on your leave obligations.

cbg
10-04-2006, 11:38 AM
And I can't think of any circumstances (in any state) where you are required to pay her, her full salary while she is collecting disablity benefits. Employees don't get to double dip.

ElleMD
10-04-2006, 12:19 PM
My comment wasn't meant to mean they should pay the full salary or allow double dipping, just that if they would do something for another employee who was not pregnant, they must here as well. If they do offer some sort of salary continuation, then she can not be excluded because she is pregnant.

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