My cousin got fired while on maternity leave??? Is this legal?

what state does she live in? Maternity leave laws differ by state, so she should try to research laws based on the state she resides in- and definitely get knowledgeable in the area.

but, it is illegal under the family medical leave act. she should file for disability and unemployment- and contact a lawyer ASAP. good luck!

here's some links that hopefully can help:

http://www.eeoc.gov/types/pregnancy.html

http://www.eeoc.gov/policy/docs/fmlaada.html

http://www.eeoc.gov/charge/overview_charge_filing....

Here is something from Tennesee law. So, she should definitely contact a lawyer, or tell this bit of information to her (former) employer.

"Tennessee maternity leave is protected under both the Tennessee Maternity Leave Act, which allows female employees 4 months of leave for pregnancy, childbirth, and care of a newborn, and the Family and Medical Leave Act (FMLA), which ensures employees with over a year of employment up to 12 weeks unpaid time off for the birth or adoption of a child. It is illegal for Tennessee businesses of 50 or more employees to refuse any portion of these 12 weeks of maternity leave. It is also illegal for most Tennessee companies to fire employees for taking this legally protected leave or to let maternity leave to negatively affect any area of employment, including promotion, pay, or other employment considerations."

She has legal ground to sue her former employer. It is a good thing that she didn't take the severance nor sign those papers!!! She has the right to be informed, even on maternity leave, if something is happening that can change her job status. Not to mention most paces give 6-8 weeks of maternity leave before even contemplating filling a position.

If she is having problems finding a job, she can file for unemployment benefits, but if I was her, I would find a good lawyer and SUE!!!!

They can't fire her for taking maternity leave but they could fire her for an unrelated matter and that would be perfectly legal. For example, if she was embezzling money and the employer found out while she was on maternity leave and fired her then that would be perfectly legal. There is more to this story than your cousin is saying. The fact that they wanted her to sign some papers is standard practice and has no bearing about whether or not the firing was legal.

The Family Leave Act which was enacted during President Clintons term gives leave to employees AND spouses for a specified period of time before and/or after birth of a child. Please Reasearch that act. I am afraid I would get some detail wrong. Best you look it up on a government website. Good luck!

she shoud sue, something doesnt sound right if they wanted her to sign papers so she couldn't sue. and have her contact a lawyer and see what they can do.

she should go to the court house. them firing her while she is on maternity leave could be considered discrimination. i hope the best for her and her family.

She definitely should contact a lawyer and find out what her options are. That is terrible! I wish her the best.

no not at all she can sue and call Better Business Bureau and file a complaint, i think.

i would think it is illegal since they wanted her to sign something so she wont sue them. if i was her i would call a lawyer.

no im pretty sure that isn't legal