Layoff announcement a month before my maternity leave

Asked over 1 year ago - Glendale, CA

Hi,

I was told that my job's being eliminated at 4/9 and was given 60 days of notice like any other people.(I was 8 month pregnant) I was planning on medical leave of absence at 5/10. Company will pay with state for my medical leave of absence(shortterm disability) and keep me as an employee during the FMLA duration.
Since I was planning on medical leave at 5/10, I thought company will give me that month (from 5/11-6/9) at the end of my maternity leave but, they just confirmed that they can't.
Is there any law around this? Is this legal that I can't really get 60 days of notice because of my maternity leave?

Attorney answers (1)

  1. Kristine S Karila

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Discrimination against an employee because of her pregnancy is unlawful. However, if your employer would have laid you off anyway, as you mention they did many others, it is not unlawful. FMLA only guarantees return to your job or an equivalent position IF the company would have not let you go for lawful reasons. Whether there is a notice of lay off requirement depends on the number of employees your employer has. It is called the WARN act but only applies to employers with a certain number of employees.

Related Topics

FMLA (Family and Medical Leave Act) and employees

FMLA (Family Medical Leave Act) is a law that requires employers to protect their employees' jobs if they take time off for medical reasons such as child birth.

Sick leave and work hours

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