Legal Question in Medical Leave in North Carolina
Pregnant/Layoffs and Rights
I'm 7 1/2 months pregnant and been with my company for 8 yrs. they are moving forward with a reorg during our 1st quarter. What happens if I go into labor on or right before they do layoffs and I happen to be one of those individuals that will be layed off? Will I be entitled to my STD and FMLA + my package?
1 Answer from Attorneys
Re: Pregnant/Layoffs and Rights
As a general rule, under the FMLA you are entitled to all of the benefits that you would have had as if you were still there on the date of the layoff.
Your entitlement to STD would depend on the language of the STD plan.
For more information as to what happens while on FMLA leave, you can check the Department of Labor's website, www.dol.gov, or consult with a labor attorney in your attorney. An excellent source for locating experienced labor attorneys is NELA, www.nela.org.
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