Legal Question in Employment Law in Pennsylvania
relief of duties while on maternity leaveon
On August 9, 2001 my wife gave birth by c-section to our first daughter. Six weeks later she had a doctors appointment releasing her to work. The doctor wanted her off for another two weeks. Upon giving the doctor's excuse to her employer she received a letter in the mail relieving her of her duties. During her time off she was receiving unemployment compensation termed a voluntary quit by the unemployment office. Can her employer deem this as a notice of her quitting? Also, can her employer legally not take her back or not allow her to come back to work?
1 Answer from Attorneys
Re: relief of duties while on maternity leaveon
In order to collect unemployment compensation you must be involuntarily terminated from your employment. Therfore, your wife would not have been able to collect if she had reported that she quit her employment. An employer cannot terminate an employee because of pregnancy but if your wife and the employer agreed to misrepresent her status to the unemplyment bureau she may have given up any rights to continued employment. Otherwise she would have at least been entitled to 12 weeks unpaid leave under the Family Medical Leave Act.
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