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Position elimination while on Maternity Leave - Nebraska

kathy534kathy534 9 Posts
in HR & Employment Law Vote Up0Vote Down
We have a mother on maternity leave, who's position is being eliminated. We are small (headcount of 30), so FMLA doesn't apply. Unfortunatly, we have made cuts in many areas, and there would not likely be any other position for her to return to. Is there any potential problems here that I am overlooking?
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  • SystemSystem 5,885 Posts
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    I think the federal Pregnancy Discrimination Act applies to companies your size. She could theoretically claim that you chose her position for elimination because of her pregnancy. As with any high-risk termination, just make sure you can prove that your decision had nothing to do with her pregnancy. If you can convince her that you're legit, then you're probably OK.

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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