(PRWEB) September 13, 2013
Pozzuolo Rodden P.C., Philadelphia Business Attorneys, announces the release of "How an Employer Can Protect Itself When Terminating an Employee on Maternity Leave". Below is a sample of the first couple of paragraphs. If you would like to read more, please read the full article and other business law, or estate planning topics at http://www.pozzuolo.com.
How An Employer Can Protect Itself When Terminating An Employee on Maternity Leave?
As an employer it is always a pressing concern to limit one’s liability to litigation following the termination of an employee. This concern is even more pronounced when the employee being terminated is on maternity leave. This is because the Family Medical Leave Act (“FMLA”) entitles leave to employees for maternity, illness or to care for a family member. In addition to the FMLA, employees on maternity leave have legal protection under the Pregnancy Discrimination Act (“PDA”). Therefore, employers need to set sound policies and take the necessary precautions to ensure they do not violate any existing federal or state laws when terminating an employee who comes under the protection of the FMLA and PDA.
I. The Family Medical Leave Act
The FMLA applies to public agencies and private employers with fifty (50) or more employees. In addition, for an employee to be eligible for FMLA protection the employer must have fifty (50) or more employees within seventy-five (75) miles of that employee’s jobsite and location. However, in order for employees to qualify to FMLA protections and leave they must have worked for their employer for at least twelve (12) months, although this does not have to be a consecutive twelve (12) month period, and have worked a minimum of 1250 hours in the twelve (12) months prior to seeking FMLA protections.
Once an employee qualifies for protections under the FMLA they are entitled to twelve (12) weeks of leave time within a twelve (12) month period. An employee can take such leave for maternity issues, including before the birth for medical appointments, morning sickness, or required bed rest, and time for and following the birth of their child. FMLA leave time can also be taken after a qualified employee adopts a child. Both the mother and father are entitled to leave time in order to bond with the new addition to their family; however, this leave must be taken within a year of the child’s birth or adoption. FMLA leave is job-protected time off and is unpaid leave. This means that after taking FMLA leave the employee can return to their position or one that is nearly identical. While the FMLA mandates this job-protected leave time an employee must still follow the rules and regulation of employer’s regarding notice and time off........
If you would like to read more, please read the full article "How An Employer Can Protect Itself When Terminating An Employee on Maternity Leave"? and other business law or estate planning topics please click here.
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