cynthialong
11-13-2006, 08:12 AM
We work for a company with only 24 employees, and one of our coworkers who is due in two months is out with complications with her pregnancy. Her last review did not go well and her position is not stable. There are only two people in her position and they will need to hire someone to do her work while she is out. How long could she be out before they could consider this temp a permanent replacement? Since our company doesn't offer paid leave could she apply for disability or unemployment due to such a high risk pregnancy??
Marketeer
11-13-2006, 09:45 AM
Your company is too small to be covered by FMLA, which would provide 12 weeks of unpaid leave with job protection. As a result, your legal obligation is to treat her no differently than you would a non-pregnant employee who needs medical leave in terms of how long you would hold the job.
If your company has a disability plan, whether she qualifies for it or not is based on the terms of your plan. NC is not one of the very few states that provides state disability benefits. She cannot collect unemployment unless she is actively seeking and able to accept employment.