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?


Asked on 10/31/08, 6:45 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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.

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Answered on 11/03/08, 5:22 pm
Arkady Itkin Law Office of Arkady Itkin

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

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Answered on 11/03/08, 7:25 pm


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