Human Resource Blog

Temporary Staffing Company Employee Maternity leave ?

We are a temporary staffing company and our client released an employee while she was out on maternity leave. What, if any, obligations do we have to her with regards to reemployment?

You need to treat this employee exactly as you would an employee who had not been pregnant. It appears from your post that the employee was actually on pregnancy disability at the time she was released. So you would treat the employee exactly as you would a worker who was on another type of medical disability — such as a heart attack or cancer– when she was released. Presumably, since you are a staffing agency, you would find another assignment for her when she returns from disability.

If you would normally offer benefits to a released employee on medical leave, then you must offer the same benefits to the pregnant employee. If you do not offer any benefits to workers on short term medical disability, then in most states you are not required to now. (Be aware that California and a few other states have specific laws concerning pregnancy leave. However, in some cases they may not apply to temporary employees.)

The federal Pregnancy Discrimination Act requires that employers treat pregnancy disability as they would any other medical disability. It also prohibits discrimination against pregnant women. If the employee was pregnant but not yet on disability, you would be obligated to treat her like any other, non-pregnant employee. Again, that usually means trying to find another assignment for her.