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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.