Legal Question in Medical Leave in Florida
Pregnancy leave
is there any protection for employees in companies under 50 employees? My wife took 8 weeks off from her bartending job and lost all of her shifts that make any money. the put her on shifts that make no money. They have 20 employees at her bar. She was specifically told the girl hired to cover her shifts was temp. and she would be getting her shifts back. is this discrimination?
2 Answers from Attorneys
Re: Pregnancy leave
It really depends on how they have treated other employees who have taken several weeks off and then returned to work. Since there are not 50 employees, the Family and Medical Leave Act does not apply, otherwise she would have to be returned to her same job. However, depending on the specific facts, she may have a claim for pregnancy discrimination. Go to eeoc.gov for more information or seek a consult with an employement lawyer.
Re: Pregnancy leave
Not really. FMLA doesn't apply, and unless there's inappropriate discrimination involved, she's out of luck.
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