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Attorney2020
Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2579
Experience:  I have significant experience in employment law.
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As an eployeer do I have to let someone back from maternity

Customer Question

as an eployeer do I have to let someone back from maternity leave if i puchased the business and it is a new entity from the one she had originally went on leave from?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.

Yes, otherwise pregnancy discrimination could be alleged under cal. Government Code 12945 et seq. See link: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12940-12951

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Customer: replied 1 year ago.
Follow up what if that position is no longer available can we give the same amount of hours in a different time slot
Expert:  Attorney2020 replied 1 year ago.

The employer is required to preserve the position of an employee on maternity leave and return the employee to the similar or comparable position. An employee can agree to take on the position in a different time slot but it should be voluntary. Otherwise, by providing a different time slot that makes it inconvenient for the employee returning from maternity leave it could be construed as differential treatment based upon the fat the employee took maternity leave.

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Expert:  Attorney2020 replied 1 year ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.