Legal Question in Employment Law in Louisiana
Maternity Leave
A payroll and tax employee took maternity leave - during her absance a great number of errors were discovered costing the firm in excess of over $5000.00 in pentatiles and fines resulting in loss revune and profits. Louisiana is an ''AT WILL'' state, can this employee be terminated while on maternity leave for these actions?
1 Answer from Attorneys
Re: Maternity Leave
You must be very careful that your actions cannot be considered to have been taken because of your employee's pregnancy. I assume the leave is unpaid, so that she will not lose income if terminated. If she is drawing annual leave, vacation or sick leave while on maternity leave, she will stay on that until they are used up assuming that that leave was earned prior to her departure. Termination for true incompetence is always permissible.