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Texas Small Business Owner: We have an employee who will be off in the Hospital until September 2016 for a difficult...

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Texas Small Business Owner:...
Texas Small Business Owner: We have an employee who will be off in the Hospital until September 2016 for a difficult pregnancy. She has less than 40 of paid leave left. We are willing to give her another two weeks of paid leave but then we will have to lay her off. We have less than 15 employees. Are we OK in doing this and how should we go about doing it?
Submitted: 1 year ago.Category: Employment Law
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6/13/2016
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,382
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

With less than 15 employees, there are no state or federal laws which require a Texas employer to accommodate a pregnant employee or hold a pregnant employee's job. This means that laying off a pregnant employee after two weeks of paid leave would be legally permissible. There is no special way to go about laying off an employee in these circumstances. However, the prudent thing is to provide notice of the separation of employment in writing along with a written explanation that there is no reasonable way for you to accommodate any additional time off without causing your business to suffer hardship. It is always best to stay on positive terms with departing employees if at all possible, so as to avoid frivolous suits and bad publicity.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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