employee lied about her planned maternity leave.

[s4gobabygo]

i'm a NJ employer operating a small company of 6 full-time employees and 3 part-time employees. our receptionist, a full-time employee, has been pregnant and we have been collaboratively planning for her maternity leave in a couple months. it turns out she misled us, and with no notice, had her non-emergengy c-section approximately 9 weeks prior to the date she gave us. she simply didn't show up for work on monday, and when we called her, we learned that she had had her c-section over the weekend, and she stated that she was beginning her maternity leave immediately.

we're unsure how long she will be gone, and are seriously questioning whether she will be coming back at all. she has not wrapped up any of her work, cleared her desk, etc. we are now having to search for and train a replacement on no notice, when this is a position which we originally promoted from within, as there is considerable background knowledge required. must i offer her job back to her when she chooses to return, if she is granted short term disability? is there an exemption for NJ small employers relating to job protection? the costs of hiring and training a temporary replacement on no notice, including the associated lost income could very well jeopardize my business, and the job security of the remainder of my reliable employees.

[SussexMan]

Re: employee lied about her planned maternity leave.

Something doesn't seem to add up here. What was the date on her MAT B1 which confirms her due date?

[des8]

Re: employee lied about her planned maternity leave.

I'm not really into employment problems, but surely if the employee has lied and misled her employer that is gross misconduct.
If she has so acted, can you not initiate your disciplinary procedures?

[s4gobabygo]

Re: employee lied about her planned maternity leave.

Something doesn't seem to add up here. What was the date on her MAT B1 which confirms her due date?

i'm not familiar with this form, but a quick google search reveals that this is a UK form... i'm in the USA. she did not submit any paperwork prior to her planned leave, she simply informed me of the date of her scheduled c-section via email, and i wished her the best. all i have is this email indicating the date she had originally given me a couple months ago.

I'm not really into employment problems, but surely if the employee has lied and misled her employer that is gross misconduct.
If she has so acted, can you not initiate your disciplinary procedures?

i'm most concerned about the job protection clause in NJ maternity leave, which affords new mothers on short term disability the right to return to their job or an equivalent one upon the completion of their leave. i'm concerned because the disciplinary procedure won't have been initiated until after the commencement of her maternity leave. i don't know if that will get me in hot water with the state, because of the job protection clause. we are a very small company, so each role is extremely important. having to find a temporary replacement on several months notice was already a hardship, but having to do so on no notice has proven nearly impossible, because the nature of the job is quite complex, and at the moment, none of my part-timers who are somewhat familiar are able to take the full-time job.

i've read that some states have an exemption in the job protection rule relating to small employers like myself, probably because keeping someone's job open for an extended period could put a small company like mine completely our of business. i was prepared to deal with this strain on the notice given, but with no notice, this will certainly have a significant impact on the company, and it's not fair to put the remainder of my employees at risk because of this.

[Amethyst]

Re: employee lied about her planned maternity leave.

There is a rule about 15 employees, lower in California (5 I think?) but yes you would be best finding some assistance from a US based site.

Also has she stated it was a planned caesarean on that date, not a planned caesarean bought forwards for medical reasons becoming an emergency caesarean?