How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42191
Experience:  30 years in Employment law
8534270
Type Your Employment Law Question Here...
Ray is online now
A new question is answered every 9 seconds

Can an employer fire an employer fire an employee who is

Customer Question

Can an employer fire an employer fire an employee who is pregnant and has no sick time or vacation time
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ray replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Massachusetts has a state mandated maternity policy.

Here are the requirements..

A female employee is eligible for maternity leave under the MMLA if:

A. She has completed the initial probationary period, if any, set by the terms of her employment; or, if there is no such probationary period, has been employed by the same employer for at least three consecutive months as a full-time employee; and

B. she is absent from such employment for a period not exceeding eight weeks for the purpose of:

  • giving birth; or
  • adopting a child under the age of 18; or
  • adopting a child under the age of 23, if the child is mentally or physically disabled; and

C. she gives her employer at least two weeks notice of her anticipated date of departure and intention to return.

If an employee meets these eligibility requirements, the employer must grant eight weeks of unpaid maternity leave under the MMLA. An employer cannot refuse to grant MMLA leave on the grounds that doing so would constitute a hardship.

If the employee does not meet these requirements then it is possible to terminate an employee here.If they meet the requirements and give proper notice as set out above they can have 8 weeks of unpaid leave here.The statute is clear and determines your rights in all of this.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 2 years ago.

Under the state Parental Leave Act (PLA), formerly known as the Massachusetts Maternity Leave Act (MMLA), employers with six or more employees must provide qualified employees with a maximum of 8 weeks of unpaid leave for specified purposes. An employee is eligible for leave under the PLA if he or she has completed the initial probationary period of employment, not to exceed 3 months or, if no such period exists, has been employed for at least 3 consecutive months by the same employer as a full-time employee. Amendments to the former MMLA expanded the law to cover male employees, as well as female employees.

Expert:  Ray replied 2 years ago.

It is very tough to terminate a pregnant employee here is more reference..

http://babygate.abetterbalance.org/massachusetts/

Unless you can show cause here other than pregnancy it would be tough to terminate a pregnant employee and not because she is pregnant. If you have attendance issues or other cause that may be a different story.But MA protects pregnant employees for the most part.

Thanks again.

Expert:  Ray replied 2 years ago.

Bot***** *****ne you have to show good cause here other than pregnancy.And you have to give them time off --8 weeks if they qualify and make a request for it.It is a very strict statute here not alot of leeway.