katieinny Posted March 19, 2004 Posted March 19, 2004 An employee has not met the 1250 hours of service requirement to be eligible to take leave under the FMLA. She will be going on maternity leave shortly. Is it safe to assume that since she is not eligible for FMLA, the employer is not obligated to hire her back?
katieinny Posted March 19, 2004 Author Posted March 19, 2004 I started looking into the Pregnancy Discrimination Act. It says that the employer must hold the job open for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave. So now I'm thinking that the employer must hire her back.
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