As an employer who has a 1 yr signed contract with an employee who had a pre-existing medical condition when she signed the contract and didn’t inform us, with her taking 7 weeks of maternity leave during the contract year void the contract?

Employee signed a 1 yr contract with our
agency as a Physical Therapist certain
level of manual labor needed for this
job. She has a pre-existing medical
condition pregnancy that she did not
inform us of and is now taking 7 weeks
of maternity leave during the contract
year. Does this void the contract? Does
she have to make the time-off back up?

Asked on March 22, 2018 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

She does not qualify for FMLA leave, not being there a year yet. Your state does not have any additional maternity or pregnancy or medical leave. Therefore, she can only take off as much time  as she has paid time off (PTO) for. If she takes off more time than that, she can be terminated for absenteeism: the fact that she cannot be fired simply for *being* pregnant does not by itself give her the right to miss 7 weeks of work. The law does not make you keep employees who miss work for any reason, including pregnancy, giving birth, bonding with a newborn, etc., unless they have and use PTO, or are eligible for and use some sort of legally protected leave, like FMLA, which she is not eligible for.

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