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Mar06

Std/maternity leave

I am in california. I am an employer of 3. I have an employee who was out for 32 weeks on std due to complications of pregnancy & delivery. Her dr gave her a “fit for duty” with one restriction. To make accomidations for this restriction she would either need to work 1/2 the hrs she normally works or work 1 day on a different shift. She was not willing to do either. She has since put a claim for an additional 6 weeks of baby bonding because disabillity dept told her ahe was entitled to it. I told her i needed her back now she said i am taking baby bonding time. It has now been 36 weeks. I rold her to report back to work on a certain date or i would take it as job abandonment. It is also fair to state that i did eliminate her job position wich would result in a cut in pay but her hrs would be the same. The duties she was responsible for are no longer needed. Am i legally in the right?

The requirements you would need to follow are the rules for California maternity and baby bonding, and of course the FMLA rules which are 12 weeks of unpaid.

If you have followed those rules, and the doctor stated the employee can return to work, even with restrictions, and she refuses to return then you can terminate her employment. You have a business to run and need employees.

This entry was posted on Wednesday, March 6th, 2013 at 4:33 pm and is filed under
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