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Maternity Leave

Fort Lauderdale, FL |

Wife is about to go on Maternity leave and just wanted to know if she will still have a job after 3 months of leave without pay from the job.

She works for a small physician office where she is the only employee. Her boss have told her that based on what she wants to do after she gives birth it is most likely that she may not have a full time job to go back to or at even she will only be Part time when she gets back. Is this legal? At one point she was promised (verbally) that she will have a full time job right after she comes back (She wants to take 3 months of unpaid leave)

Currently she is full time employee working 40 Hours without getting any benefits from her job.

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Attorney answers 2


It is probably not illegal for your wife's employer to terminate her if she is unable to work for three months. The Family and Medical Leave Act is sometimes used for maternity leave, (and may allow up to 12 weeks of unpaid leave) but it sounds like this employer is much too small to fall under the jurisdiction of such law.


Unfortunately F.M.L.A., is usually what is utilized for maternity leave. In order for F.M.L.A. to kick in a company has to have a certain amount of employees. It appears your company is very small.

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