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bella321
Blessed!
Member since 3/09 1952 total posts
Name:
Kristy
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Maternity / Temp Leave
Update: The girl I work with (who this situation is about) plans on taking only 2 weeks off for maternity leave  because she doesn't want a temp to be hired to replace her.
If a person works for a small business (say, less than 20 people) and one employee leaves on a maternity leave and a new employee is hired to replace her, can the employer terminate the first employee if they like the new one better?
Just curious if anyone has experience in this.
Message edited 1/15/2011 8:24:30 PM.
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Posted 1/14/11 6:34 PM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
TooMuchDrama
LIF Infant
Member since 10/10 188 total posts
Name:
B
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Re: Maternity / Temp Leave
I would be in the same situation...my entire agency consists of 8 people. I'm pretty sure that with the Family/Medical Leave Act that you are guaranteed your job back by law. I could be wrong, but that's what I'm hoping for when my time comes!
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| Posted 1/14/11 6:44 PM |
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bella321
Blessed!
Member since 3/09 1952 total posts
Name:
Kristy
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Re: Maternity / Temp Leave
Posted by TooMuchDrama
I would be in the same situation...my entire agency consists of 8 people. I'm pretty sure that with the Family/Medical Leave Act that you are guaranteed your job back by law. I could be wrong, but that's what I'm hoping for when my time comes!
I looked into this. FMLA is only for companies with 50+ employees within a 75 radius. Small businesses are excluded.
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| Posted 1/14/11 6:48 PM |
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Domino
Always My Miracle
Member since 9/05 9923 total posts
Name:
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Re: Maternity / Temp Leave
I believe if you go out on STD (six weeks-VB/8 weeks-C/S) they cannot fire you. However, if they can prove hardship, they may not necessarily provide you with the same job.
I dont know why my brain is not functioning tonight
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| Posted 1/14/11 7:35 PM |
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Domino
Always My Miracle
Member since 9/05 9923 total posts
Name:
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Re: Maternity / Temp Leave
Ok...now that I put my thinking cap on, here's my response:
NYS is an at will state. An employer, for the most part, can fire you for whatever reason they feel fit, just like you are able to quit for whatever reason you feel.
So I change my answer above to: Yes, they have a right to get rid of you (although I do not believe you can be terminated for while you're in your 6/8 week disability window).
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| Posted 1/14/11 7:59 PM |
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TooMuchDrama
LIF Infant
Member since 10/10 188 total posts
Name:
B
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Re: Maternity / Temp Leave
Posted by bella321
I looked into this. FMLA is only for companies with 50+ employees within a 75 radius. Small businesses are excluded.
In my agency's policy manual, it never mentioned FMLA in the maternity leave section, and I had been curious about that. I never even realized there were requirements about the number of employees with that.
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| Posted 1/15/11 7:55 AM |
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nov04libride
big brother <3
Member since 5/05 14672 total posts
Name:
Me
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Re: Maternity / Temp Leave
Posted by bella321
If a person works for a small business (say, less than 20 people) and one employee leaves on a maternity leave and a new employee is hired to replace her, can the employer terminate the first employee if they like the new one better?
Just curious if anyone has experience in this.
Yes, they can, since the company is too small to fall under FMLA.
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| Posted 1/15/11 8:08 AM |
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Nifheim
allo
Member since 1/09 5476 total posts
Name:
Jennifer
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Re: Maternity / Temp Leave
only issue that can pop up in a small business, they like the new person a hell of lot more then you they can "change" your position and make your life miserable. It was the reason i left a small company.
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| Posted 1/18/11 10:37 AM |
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