Can my employer terminate me while on maternity leave? 3 Answers as of August 04, 2011

I 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.

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Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
Contact the federal EEOC for an appropriate response to your inquiry. It has guidelines on pregnancy and employment termination.
Answer Applies to: Indiana
Replied: 8/4/2011
William J. O' Malley, Attorney at Law
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
Replied: 8/4/2011
Law Office of Eli M. Kantor
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
Replied: 8/4/2011
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