I’m on paid maternity leave with 2 weeks left. I was called in today and fired because of company downsizing along with several other people.

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I’m on paid maternity leave with 2 weeks left. I was called in today and fired because of company downsizing along with several other people.

They aren’t going to pay the rest of my maternity leave. Can they do this?

Asked on May 14, 2009 under Employment Labor Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Was the paid maternity leave because you had racked up sick and annual time and therefore took them all at once? Or was this paid maternity leave covered by short term disability insurance payments?  Not sure as to how this is set up with your company. I don't think Pennsylvania has a state paid maternity leave program?

Okay, let's start with the following: Under FMLA, you can take up 12 weeks UNPAID maternity leave if you are a qualified employee and your employer is a qualified employer.  According to the Pregnancy Discrimination Act, if your company offers paid benefits to those on leave for other types of short-term disabilities, the company cannot discriminate against you for yours (maternity leave).

In terms of your specific concern, you should absolutely contact your state's labor department: Pennsylvania Department of Labor and Industry: http://www.dli.state.pa.us/


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