At-will termination after maternity leave

MrMike

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Mar 2, 2003
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How soon after returning from maternity leave can an employee be terminated on an at-will basis?

I need to downsize some of my departments and have a few employees who are just back from maternity leave. I want to give them "pre-avisos" and let them go as soon as is legal.
 

MrMike

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You are welcome to pay their salaries if you like, let me know where to send the bill. Alternatively, if you can get the kid's fathers to cover the expense that would also be acceptable.

To be clear though there are about 20 lazy parasites I need to get rid of, only 2 are new mothers.
 

planner

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Sep 23, 2002
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Laying off or letting staff go is a BUSINESS decision. Sometimes it involves new mums. How is that different then letting the guy go who has 4 kids at home? Or the one who is studying at university and then can't pay tuition?

In business we make tough decisions and choices every single day. Don't begin to judge those decisions without knowing all the facts.
 

TOOBER_SDQ

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Nov 19, 2008
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I remember reading that new mothers are entitled to 6 weeks leave of absence after giving birth. So this may be your answer. After the 6 weeks, you give appropriate notice depending on how long the employee has been with you. But don't take my word on this; I am not a lawyer. I have a PDF copy of the labor laws if you want them. Just PM me.
 

TOOBER_SDQ

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MrMike,

I looks like she is protected for 3 months after giving birth of being terminated. And she is allowed to rest for 3 periods of 20 minutes per day for breast feeding.
 

MrMike

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I know about the maternity leave, and all of that. What confuses me is that ocasionally I hear that new mothers are protected for "up to 3 months" AFTER maternity leave is over.

What I want to know is, when they get back from maternity leave, at what point is the whole pregnancy and maternity protection a done deal?

As soon as they get back?

3 months after giving birth?

3 months after getting back?

And how soon can they be given notice that I intend to dismiss them?

Do I have to wait for that, too, and how long?

For a long time I have just fired people outright and paid the extra money not to give them advance notice, but lately I have tried giving the advance notice as sort of a tial period for them to prove their usefullness and ability to be productive, and have been able to save about 30% of the employees who I otherwise would have had to let go for lack of productivity.

Unfortunately there is a high burnout factor in telemarketing and it is rare for people to last more than a year. Especially because of the way Dominican labor law makes it such a bonanza to get fired from your job, most workers prefer to get fired than to be productive at work, and as the months and years wear on it becomes harder and harder to offer them more for staying in your good graces than they would get for ****ing you off.
 

TOOBER_SDQ

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Nov 19, 2008
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MrMike,

I just had a read through the Overview of Dominican Labor Law by Fabio Guzman (found on these meassage boards).

The way I read it, the 3 month protection period starts ticking from the day of birth. The employee can be severed on the 91st day. You would need to give the appropriate notice of termination during the protection period; 7, 14 or 28 days for 3, 6 or 12 months of service respectfully.

So for example, if she was employed for 12 months with you and you want her severed on the 91st day, you would need to give her notice on day 63 after she gave birth. A little confusing, sorry.

Again, I am not a lawyer. This is my interpertation after reading.
 

MrMike

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That sounds right, Toober, I guess we'll see what Fabio says.

Problem is when I have a question like this I usually have about 5 conflicting vewpoints from all the different lawyers I work with, so I get all the different ideas together and ask them all to defend their version. Usually it tuns out that at least 4 of them didnt understand (or listen to) the question.
 

sherri

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Jan 25, 2006
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...

I returned from maternity leave on November 24. The mothers have 3 months after the baby is born that they cannot be fired. Then they have 3 more months after that, that they are protected by the Maternity act for an additional 3 months.

If you let her go before 3 months, you need to pay 6 months salary plus severance. After the 3 months up tp 6 months. She still cannot be fired without just cause, in which case you need to pay her still full severance plus something more..i forget what it was.

I know this because i am suing a company for demoting me and putting me under un-needed stress after I returned from maternity leave. Any questions you have you need to call the Sec. de Trabajo(I dont know how to spell it properly) to know the rights of new mothers. If you fire them so soon after birth the person can bring you to court because it considered discrimination.

If you want to know more about my case message me.

Good Luck
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Art. 232 del C?digo de Trabajo.- Es nulo el desahucio ejercido por el empleador durante el per?odo de la gestaci?n de la trabajadora y hasta tres meses despu?s de la fecha del parto.

Any at-will termination is null and void if done within 3 months of the date of birth.