Legal Question in Medical Leave in Oregon
Pregnancy and the amount of leave I can take
i was told that i can only take 30 days off for pregnancy leave before i would be let go and replaced. is that legal? there are only 14 employees in the company.
Asked on 7/17/01, 3:31 pm
1 Answer from Attorneys
David Black
HR Juris, PC
Re: Pregnancy and the amount of leave I can take
As long as your employer does not discriminate on the basis of pregnancy, it is not illegal. FMLA leave only kicks in when there are 50 or more employees and OFLA leave only kicks in when there are 25 or more employees. Since your employer only has 14 employees, it is not obligated to provide non-paid leave for pregnancy.
Discrimination could arise if the employer provides leave for other types of disabilities.
Answered on 7/23/01, 6:56 pm