Can my employer terminate me while on maternity leave? 3 Answers as of August 04, 2011I was on maternity leave and I called my employer one week before my return to work and she told me that she didnt want me to go back because she had hired someone already and she didnt need me anymore. I worked for a small private medical office that only has two employees.
William J. O' Malley, Attorney at Law | William J. O' Malley
Probably. The FMLA does not apply to your situation because your employer is not large enough. The OCRC attempted to make it Ohio law that all pregnant employees in Ohio are entitled to 12 weeks of unpaid leave, with the right to their job back at the end of the 12 weeks, but our very conservative Legislature reversed that. You should be eligible for unemployment benefits, however.
Answer Applies to: Ohio
Law Office of Eli M. Kantor | Eli Kantor
It is unlawful for an employer to terminate you while you are on maternity leave. In order to be covered by the Fair Employment and Housing Act, your employer has to have at least 5 employees. However, you can still sue for wrongful termination in violation of public policy.
Answer Applies to: California