Do we have to hold a position for a part-time employee out on maturnity?

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Do we have to hold a position for a part-time employee out on maturnity?

We are a medical office and our part time assistant is out on maternity. Are we legally bond to hold her part time position?

Asked on February 1, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under federal law, no: as a part-time employee, she would not be eligible for FMLA and while you don't indicate your business size, if you have fewer than 50 employees, the law does not apply to you. However, under your state's law, if you have at least 8 employees, you have to give her up to 8 weeks unpaid leave and hold her position for that time.


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