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Maternity Leave HELP Florida

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  • Maternity Leave HELP Florida

    I run a small business with about 25 employees. My company numbers are already doing poorly so far this year and I was going to remove or fire my administrator, highest paid person in the company, but than I found out she was pregnant. She is now out on leave and I'm left paying this huge salary every two weeks and she has taken off for a month now. What are the laws here in Florida and what is the best way to get rid of her. This is not because she is pregnant but rather because my company under her management has performed terribly and I can show my balance sheet to prove this.

    Thanks

  • #2
    Florida has some of the weakest labor laws in the country. Your company is too small to be covered by FMLA. Your company is large enough to be subject to the federal Pregnancy Discrimination Act, which covers employers of 15 or more employees. It says that you cannot treat her differently than a similarly situated employee who needed medical leave. So, if you could/would only hold a job for a person who's out with back surgery for X weeks, that's all the time that you would need to extend to this employee. If you want to terminate her, however, you should probably consult your attorney and ensure that you have a documented business need to do so. Unfortunately, we live in a litgious society.

    I'm surprised that you would have four weeks' sick leave to give her in a company that size.
    I am not able to respond to private messages. Thanks!

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    • #3
      You might also want to check your local ordinances. Some communities in
      Fl. (such as Miami/Dade County) have ordinances that provide for leave on the birth
      or adoption of a child.

      However; if you were going to terminate her anyway for a non pregnancy reason, you may be ok but definitely check with counsel before doing so.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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