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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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My daughter told her boss that she is 8 weeks pregnant. She

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My daughter told her boss that she is 8 weeks pregnant. She has worked as a reg. vet assistant for 7.5 years 2 days later the business manager told her that they do not have to hold her job after her pregnancy since they have fewer than 65 employees, is this correct?
Submitted: 4 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

No, that is not correct. If your daughter chooses to take FMLA unpaid leave, the company will be required, both under state and federal guidelines, to keep her position open until she returns. FMLA leave can last as long as 12 weeks, and within that time the employer may still be able to terminate, but only for cause.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/4/2010 at 10:19 PM EST
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38087
Experience: Run my own successful business/contract law practice.
Dimitry K., Esq. and 4 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
I read a law that the company can deny if it has less than 50 employees. Is this also true if you do not take FMLA unpaid leave?
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for the follow-up.

You are correct that if the company has less than 50 employees, then employees are not eligible for FMLA. However it is not for companies that have less than 65 employees--if the company has 50 or more, then it is governed and covered under FMLA. If your daughter's company has less than 50 employees, than the manager is free to not hold her position. If they have 50 or more employees, legally he must hold her position until she gets back from her leave. If the company has less than 50 employees, your daughter can request to take vacation, or work out a private agreement with the company, but they would no longer be required to hold her position otherwise.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/4/2010 at 10:29 PM EST

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