Q: Yesterday I was told I’m being furloughed due to Coronavirus. I am 8 months pregnant - does my job have to honor my LOA?
A: If you were singled out for furlough while other non-pregnant employees were not, the company may be liable for discrimination. You may also qualify for unemployment benefits. Moreover, if the purpose of furloughing workers is to avoid paying paid leave under the new Coronavirus Paid Leave Law, this could be considered “interference” with their federal leave rights. The Eleventh Circuit has held that employees are protected from FMLA interference prior to the occurrence of a triggering event where the necessity for leave is foreseeable. If a company laid off workers in anticipation of the effective date of the Coronavirus Paid Leave Law, the company may be liable for unlawful interference.
Alberto Naranjo agrees with this answer
A: I would review your handbook with an employment attorney and also discuss how many employees were laid off and how the company decided which employees were to be laid off and which ones to keep.
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