Business Law- How An Employer Can Protect Itself When Terminating An Employee On Maternity Leave
The Law Firm of Pozzuolo Rodden, P.C., Philadelphia Business Lawyers, announces the release of the article “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.
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