Legal Question in Medical Leave in Georgia

maternity leave

My 21 year old daughter has been employed by a large department store in Georgia for three months, and she is not yet eligible for permanent employee status nor benefits. She is pregnant and due on Septemeber 26th. Her employer has asked her to resign, telling her that her job will be waiting for her when she is ready to return. For her protection, I do not think she should resign...what should she do?


Asked on 9/15/08, 8:22 am

1 Answer from Attorneys
Jack Rosenberg Jack Rosenberg, Attorney at Law

Re: maternity leave

The key is to determine if she is being treated the same as anyone else with a temporary disability who is not yet ready for benefits. If she isn't then it might be a violation of the PDA-Pregnancy Discrimination Act of Title VII.

Based on the ER wanting her to resign it is possible that she is not being treated the same. She should consult with an employment attorney like myself to be sure.

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Answered on 9/22/08, 12:28 pm


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