Pregnancy Related

UPDATED: Oct 1, 2022

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Pregnancy Related

I accepted an offer for employment based on no changes in availability in the
next 6 to 9 months. Obviously I will need to have maternity leave. Can the
employer rescind the job offer?

Asked on February 17, 2018 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If they asked you about this during the hiring process and you lied in your answer, then they could rescind the offer or terminate you: you would have committed fraud in your application by lying, and fraud would provide grounds to revoke the offer or terminate you.
Further, even for pregnancy, you could be terminated if you miss work (e.g. for maternity leave) without having or using paid time off you earned (like sick or vacation days) for the absence, or without being eligible for and using FMLA leave or the state equivalent. But if you need maternity leave within less than a year of being hired, you will not be eligible for FMLA leave and will likely not have enough PTO; therefore, if you miss more work for maternity leave than you have time off to cover, you could be fired for absenteeism.

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 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.

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