Legal Question in Employment Law in New York

Termination of a long term pregnant employee

We have an pregnant employee in our office who is beligerant, has used profanity and is bringing office morale down. She is not happy that our 6 weeks of paid maternity leave is all that she is being offered since she knows of a person in another location, with a different position, is being allowed to work from home with an additional two weeks of leave to do so. Her attitude and direspect for her managers is blatant and needs to stop. I would like to put a corrective action plan in to place with the outcome being termination should she not comply. We are an at-will employer and state this in our handbook. Are we okay to terminate her employment during her pregnancy?


Asked on 8/17/04, 5:11 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Termination of a long term pregnant employee

You should be careful. While this may be your policy Federal law allows any person who gives birth to a child to have up to 12 weeks of unpaid medical leave. If you fire her you are certainly opening yourself up to a lawsuit.

If you like I would be happy to talk to you about this.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 8/18/04, 12:06 pm


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