What’s your obligation to a pregnant nanny
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What’s your obligation to a pregnant nanny
My nanny who just started with our family 5 months ago recently told me she was
pregnant. We planned to keep her employed the entire length of her pregnancy as
long as she physically is able to. However, she requested 6 weeks off which we
are unable to accommodate we really are unable to accommodate any extended
leave and currently coordinate her vacation time with our vacation schedule.
Other days/times of time off are dealt with on a case by case basis. Please
advise. Thank you.
Asked on February 5, 2019 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You don't have any obligation to give her 6 weeks leave. Your state does not have any laws requiring you to give her leave; the federal Family and Medical Leave Act (FMLA) does not apply because you are far too small an employer (you don't have 50 employees, we assume); and a 6-week leave is not a "reasonable accommodation" for you to make to your nanny, since it puts an undue burden on you. You can refuse her this leave and replace her if you choose (not hold her job) if she stops working or unilaterally tries to take leave.
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