Leave of absence/Merger

[winky2008]

I am the office manager for a small physician's office. We are in the process of merging with another similar practice by April 1. Once merged, we will possibly have too many staff and some may lose their positions due to attrition. They are all aware of the situation. One of my female employees is expecting in April. She informed me that she wants 3 months off. She does not have a lot of vacation and has only been employed 1 year. We do not have a maternity policy in our handbook due to the nature of our practice.
I explained the situation to her and told her to take the time off that she needs and due to the merger I cannot guarantee her a position when she decides to return to the work force. It would not be fair to lay off employees and promise her a position. However, if I do have a position available I would hire her back. In the meantime, I told her if she finds another position closer to home she is free to accept because I cannot promise her anything at this time.
She wanted me to fire her so she could collect unemployment. I informed her that she came to me and asked for off. I was not going to fire her! If she were not expecting, I could still not guarantee her a position if she wanted to take a leave of absence. Her pregnancy was not the reason for this decision. However, I believe she is going to use the pregnancy to her advantage to apply for unemployment, collect it if possible and stay home with her infant as long as she can.
What rights does my employer have in this situation?

 

[cbg]

Just to be sure, are you asking about the rights of the employer (which is what you typed) or the employee?

 

[winky2008]

What rights do I have as the office manager representing my employer? What rights does the employee have?

 

[cbg]

Your employee has the right to be treated exactly the same as if she was not pregnant. She cannot be discriminated against, but she gets no special rights or privileges either.

If she would be laid off regardless of her pregnancy, then she gets laid off. If you could not guarantee her a position if she were not pregnant, then you need not guarantee her one now. You give her exactly the same amount of time off as she would get if you were not involved in a merger, and that should be the same amount of time that an employee with pneumonia or a broken leg would get.

However, you need to have all your ducks in a row and, if she is let go, be able to document that it was a business decision that would have occurred regardless of her pregnancy.

She will not get unemployment as long as she is medically unable to work.