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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114029
Experience:  20+ Years of Employment Law Experience
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Can I ask a pregnant employee if she will be coming back to

Customer Question

Can I ask a pregnant employee if she will be coming back to work after delivery? She has not "formally" told her employer that she is pregnant.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You say small company, do you have at least 15 employees?
Customer: replied 1 year ago.
no < 15
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So the Americans with Disabilities Act and the NV Fair Employment Act does not apply to you as they both define a covered employer as one who has 15+ employees. In this case, there is nothing wrong with you privately asking the employee if they intend to return once they have their baby and telling them just what you said above about them being a good employee and wanting them back, but needing to know if you need to replace them.
Under the law, with you not being a covered employer you have a bit more leeway with what you can and cannot ask.

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