hilaritee
10-11-2006, 01:19 PM
Working for an employer in Michigan. Employs only 2 employees. I am due to have a baby in November. I worked for the company only since March. My boss informed me that I would be fired once the baby was born. Is this legal? Can you provide me the link to resources on what leave Michigan residents are entitled to?
Thank you.
The state of Michigan does not have any state mandated leave law, and with only two employees you do not qualify for FMLA. So the amount of leave you are entitled to is however much your employer is willing to provide. The only caveat is that he cannot offer you less leave than a similarly situated employee would receive for a non-maternity medical reason.
Under Michigan state law, all employees without regard for number of employees are subject to state discrimination laws. However, this does not mean that it is illegal for your employer to fire you as he has indicated; it only means that he cannot single out those who need leave for maternity reasons. If he would fire an employee who has worked for him less than a year and needed extended time off for pneumonia or a broken leg, he can fire you. If that hypothetical employee would not be fired, then you cannot be fired.