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Court Rules Mom Can Be Fired for Maternity Leave
A Massachusetts mom thought she had her ducks in a row with a verbal agreement from her employer to take 11 weeks of maternity leave. But when Sandy Stephens, the housekeeper for a president of a small Quincy telecommunications firm called Global Naps Inc. phoned her supervisor in anticipation of returning to work, she was shocked to learn she’d been fired.
So she went to court. A Massachusetts Commission against Discrimination guideline says that employers should give employees written notification if their jobs are not protected after eight weeks — the amount of unpaid leave that Massachusetts guarantees a new mother — but since the guideline is not legally binding, the Supreme Judicial Court ruled that Stephens had no case.
But should she?
In many states, new mothers get just six weeks unpaid leave. Employees of companies with more than 50 employees qualify for 12 weeks of unpaid leave — if they can afford it. In Massachusetts, the law gives women eight weeks, but they can appeal for more from their employer. In this case, MCAD argued that was unfair. Employers could promise new parents — MCAD also wants their guidelines to apply to dads — more than eight weeks, then give the job away anyway.
Interestingly, Stephens was awarded $1 million in 2004 for exactly this reason. But companies say that MCAD’s guidelines are forcing them into new maternity leave procedures that aren’t technically mandated by law — but end up being protected by litigation.
Watch the video below, then tell us what you think.
Photo: krzyboy2o, Flickr
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[...] Court Rules Mom Can Be Fired for Maternity Leave [...]
Successful Kindergartners Earn More as Adults | Strollerderby commented on Aug 11 10 at 12:21 pm[...] Strollerderby. Photo by Sean [...]
Mom Fired for Maternity Leave commented on Aug 12 10 at 1:07 pm[...] Court Rules Mom Can Be Fired for Maternity Leave [...]
Google CEO Eric Schmidt Predicts Teens Will Get New Names to Protect Privacy | Strollerderby commented on Aug 17 10 at 9:46 amRosana commented on Aug 11 10 at 12:09 pmIf companies do not want to grant that mucho maternity leave, they should specify it in writting. But I do not think is fair to say yes and then fire her (if that is what really happened) The same way I would think is unfair if a woman tells her employer, all along, that she will be back after the 6 paid maternity leave they give her and then decide to quit. I figure if they are all adults, why can’t they communicate more honestly or efficiently.
michelle commented on Aug 11 10 at 12:49 pmThe judge’s ruling was unfortunately consistent with the law, so the law obviously needs to be changed. The judge may even have said as much in his written opinion (sometimes they do this). Hopefully MA lawmakers will run with this and strengthen the rules and require some sort of written notification. How terrible that as a society we make motherhood as difficult and stressful as possible. What people do not realize is that this is not just a moral issue. Having children is good for the long-term economic health of the country (who else will pay into Medicare, Social Security, etc?), while helping people work (including mothers) is good for the immediate economic health of the country right now. I simply do not understand people who complain “what about the poor company that has to hold someone’s place for 8 whole weeks! wah!”
Allie commented on Aug 11 10 at 1:21 pmI do agree that maternity leave laws need to be changed, but it definitely seems suspicious to me that this particular woman was already awarded a million dollars for this exact same thing in 2004.
Gretchen Powers commented on Aug 12 10 at 9:03 amVerbal agreements? In the business world? I don’t think so. Get it in writing. Also, if she already won a million, why does she need to work? Bah.
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