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Maureen Gatto
03-06-2006, 01:05 PM
I am writing from New York State. I oversee HR and have a situation as follows. Our industry due to severe cuts in reimbursements is undergoing a tremendous amount of change. This means job reductions. Presently I have an employee that is going out on maternity leave in March. She will be out for 8 weeks and has requested an additional 2 weeks off with out pay.
After reviewing positions and making arrangements for the maternity leave, it has become apparent that her position can be rolled into another therefore eliminating the position of the pregnant worker.

I know that there can be issues of discrimation with maternity leave. Can you advise on how to handle this situation?

Thank you.

cbg
03-06-2006, 01:21 PM
If required to, could you provide documentation to support that this would be one of the positions cut regardless of whether she took maternity leave or not?

If so, you should be all right.

Maureen Gatto
03-07-2006, 09:45 AM
If required to, could you provide documentation to support that this would be one of the positions cut regardless of whether she took maternity leave or not?

If so, you should be all right.

Thank you for your response.
Would appropriate documentation be
minutes from a governing body meeting
minutes from a financial meeting
minutes from a manager's meeting
listing of other changes
note to file from the office manager

or any other suggestions?
Thank you

cbg
03-07-2006, 10:15 AM
Any or all of the above. What you need to be able to show, if required, is that her pregnancy played no part in the decision to terminate her employment.

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