Is it ok for company in MA to lay me off during maternity if it is OK with me. Company said they would but they are afraid of a suit. Is there anything we can do to assure them that no legal action would take place.

Thanks

If you are voluntarily asking to be laid-off, then your employer doesn't have any legal exposure. Since they're nervous Nellies, ask them if they'd feel more comfortable if you put your request to be laid-off in a letter and sent it to them.

On the other hand, you don't have any legal recourse if they refuse to lay you off, either.

Why would you want to be laid off with a newborn? If you want to leave in order to have more time with the child, you can always leave voluntarily.

Hi, Thanks for responses. The reason we want a layoff is that my wife can
collect unemployment for 6-9 months if laid off.

And you wonder why the employer is not willing to cooperate? Why on earth would they deliberately put themselves in line for an unemployment claim when they don't have to?

I sure wouldn't acede to this request.

Unless you are actively looking for work and available to accept work, you aren't eligible for UC anyway.

The reason they are willing to lay her off is good will. They would like her to come back after unemployment runs out. They are also in the process of laying off 11 people and by laying her off it saves someone else.

The reason that they want to lay her off is irrelevant. In order to collect unemployment she has to be actively looking for and willing to accept employment.

She STILL has to be actively looking for work and willing to accept work if offered, in order to receive UI benefits. Trust me, I have experience with UI benefits in Massachusetts from both sides of the desk. She can't just take time off to stay home with the baby and expect the state to pay for it.

Nor can she just SAY she's looking for work and not being offered any. In MA, you have to keep a log of the places you've looked for work and be ready to show that log whenever the DET asks for it.