Legal Question in Employment Law in Florida

maternity leave

We purchased our practice 6 months ago and kept all of the former owners employees. We fired and rehired them and honored their exisiting pay scales. My secretary is leaving mid May to take her maternity leave. As her employers are we responsible to pay her while she is out? Thank you for your time


Asked on 1/23/08, 11:06 am

2 Answers from Attorneys
Keith Stern Shavitz Law Group

Re: maternity leave

There is no requirement that leave--even if mandatory under the FMLA or another law--be paid. However, if you treat some employees by providing paid leaves, then not providing a similar benefit to a pregnant employee could constitute unlawful disparate treatment. The number of employees that work in your practice affects some of the questions you likely have, so you should consult with a lawyer to obtain specific advice and counseling for your situation.

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Answered on 1/23/08, 12:58 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: maternity leave

No. You can give her 12 weeks FMLA leave unpaid. After that, if she is not able to return, you may have legal rights to let her go. Prior to doing so, consult an attorney to make sure you don't get yourself into a discrimination lawsuit.

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Answered on 1/23/08, 1:11 pm


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