Legal Question in Employment Law in California
laid off while on maternity leave
I was laid off while I was on maternity leave. Am I eligible for unemployment?
2 Answers from Attorneys
Re: laid off while on maternity leave
No, you're 'disabled'. But you may be eligible for state disability leave until returned to work by your doctor's release.
Re: laid off while on maternity leave
I see no reason why you shouldn't be approved for unemployment if you have been laid off as you haven't committed misconduct that would disqualify you from those benefits.
Also, I would like to remind you that if the employer terminated you because of your being on leave, this would constitute unlawful termination, actionable in court.
Thanks,
Arkady Itkin
San Francisco Employment Lawyer
http://www.sanfranciscoemploymentlawfirm.com