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Worker who leaves to give birth can’t collect unemployment

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in Employee Benefits Program,Human Resources,Maternity Leave Laws

An Ohio appeals court has ruled that an employee who quits to have a child and isn’t otherwise eligible for maternity leave isn’t entitled to unemployment.

Recent case: Ebony McMichael took a job with a small law firm and became pregnant. She was informed that the firm would not provide maternity leave and therefore she quit the day she went into labor. Later, she applied for unemployment compensation.

But the court said she wasn’t eligible because she had quit for personal reasons. (Robey v. McMichael, No. 92766, Court of Appeals of Ohio, 2009)

Final note: Because the firm had fewer than four employees, McMichael wasn’t eligible for maternity leave under Ohio state law. If she were covered and then didn’t return after her leave, she also would not have been entitled to unemployment benefits unless her employer terminated her.

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