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Forcing to take early leave in VA Virginia

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  • Forcing to take early leave in VA Virginia

    My wife is 34 weeks pregnant and her doctor wants her to work until her due date. But her employer is forcing her to take maternity leave this week. Is this legal? Please advise what steps can be taken.

  • #2
    WHY does her employer want her to take early leave?

    Does FMLA apply?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      FMLA does apply. But there is no short term disability provided as they have less than 50 employees.

      Comment


      • #4
        If they have less than 50 employees then FMLA does NOT apply. FMLA eligibilty requirements are set by Federal law and employers with less than 50 employees are excluded from FMLA. Whether there are or are not STD benefits is irrelevant; FMLA is leave, STD is how you get paid while you are on leave.

        The employer may be offering medical leave, but if there are less than 50 employees it is not FMLA and FMLA protections do not apply.

        And you didn't answer my question about WHY the employer wants her to start her leave early.
        Last edited by cbg; 06-13-2011, 08:18 AM.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          The employer says its not working well because she has to go for doc appts etc. I see that as no reason for her to be forced out. Moreover the 3 years she has worked for them she never took any sick leave until she became pregnant.

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          • #6
            How much time is she missing for appointments? If it is significant or causing a disruption, and they would place any other employee who requires that much time off work on leave, they may do so fer her as well. Can she make the appointments around work? Most doctor's offices have early morning, evening and weekend hours.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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