Legal Question in Employment Law in California

Return to work after Pregnancy Leave

What is an employers obligation to an employee out on a pregancy leave when the employer needs to layoff employees due to a slow down in work?

Can the employer lay off the pregnant employee if that employee would be layed off if she were at work at the time of the lay off action?


Asked on 3/01/00, 3:38 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Return to work after Pregnancy Leave

Yes, under those circumstances you can lay off anyone you need to.

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Answered on 3/14/00, 2:15 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Return to work after Pregnancy Leave

Yes. Pregnancy leave only protects a job which exists. If the position is eliminated, then the party on leave does not have a job to which the employee can return. However, termination of the job does entitled the party on leave to apply for unemployment benefits.

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Answered on 3/14/00, 11:28 am


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