Q. When an employee returns from
A. Under the (PDA), your organization must treat an employee whose absence is caused by pregnancy the same way it treats employees with absences due to non-pregnancy-related disabilities. That means you'll need to review your organization's policies and past practices on disability leave to determine whether you're bound to provide the same job to an employee returning from maternity leave.
Also, don't forget about theif you are a “covered employer” and the employee is eligible. Upon returning from , employees (unless they're certain “key” employees) must be reinstated to their pre-leave position or to an “equivalent” job with the same pay, benefits and terms and conditions.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- You can discharge during FMLA leave--under the right circumstances
- FMLA: What if worker won't return to old job?
- California Workers' Compensation Law
- Expect litigation if you try to quibble over return-to-work schedule following FMLA leave