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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 3 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.
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