Legal Question in Employment Law in California

My employee came back from maternity leave after a four month absence. She now needs one morning a week off because she has no sitter, but I need her that day. Can I replace her with another full time person and bump her to part time? (I know she needs the money) Thank you for your help.


Asked on 5/25/11, 9:13 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Touchy area. She already took her maximum allowable FMLA maternity leave, but you are legally obligated to 'accommodate' her "Medical/health" needs under FMLA and ADA rules if she claims a medical 'disability'. However, baby sitting problems is not a "Medical/health" or "disability" need. Bottom line, she has no sound legal claim for such time off, but any decision you make could lead you into problems, including a 'retaliation' claim. I suggest you involve your legal counsel to help, but not guarantee, you can avoid a claim. If serious about getting legal help, feel free to contact me.

Read more
Answered on 5/25/11, 12:49 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California