Legal Question in Employment Law in California

Re: Maternity Leave for small firm

Your business is covered by the Fair Employment and housing Act.

As to the elimination of the position held by your employee on maternity leave, I would carefully review your decision process. You will be held to a high standard. If you operate your business on a strict seniority basis, (that is you have a documentable past practice of laying off the most recently hired employee), you may be able to justify the lay off if the subject employee is the most recently hired employee. If you don't have such a past practice, there must be no other alternative to the lay off. That is, she must be totally unable to perform the work of other employees, and there is no other work left which she can perform. If she is the only full time employee, and you are eliminating the full time position, then you may be able to offer her a part time position - but further information is necessary to determine a proper course for you. If the termination is determined to be based upon the pregnancy, it may still be prohibited - even one month after her return. Step carefully, and with qualified counsel.

Re: Maternity Leave for small firm

Know, if there is a legitimate business need to let the individual go you are not be violating the law.