Can I Be Fired While On Maternity Leave in NH?

According to the NH Commission for Human Rights, you cannot be fired or laid off while on maternity leave if it’s related to your temporary disability; however, you may be fired or laid off from a general and legitimate lay-off for performance requirements.

What else does the Commission say about the rights of pregnant employees?

1. Is a pregnant woman entitled to maternity leave?

Yes, an employer must grant a female employee leave for the period of time she is physically disabled due to pregnancy, childbirth or related medical conditions.

2. Is there a set period of time for maternity leave?

No, there is no set period of time for maternity leave. It is based on the period she is disabled as determined by a physician, usually the employee’s personal doctor.

3. Is the employee entitled to full pay while on maternity leave?

The general rule is that pregnancy must be treated in the same manner that the employer treats other temporary physical disabilities. Therefore, if the employer continues to pay other temporarily disabled employees, it must pay pregnant women. If the employer requires use of vacation and/or sick leave for temporary disabilities, then it may require the same for pregnancy.

4. Is the employee entitled to her job back after she recovers from childbirth?

When the employee is physically able to return to work, her original job or a comparable position must be made available to her by the employer unless business necessity makes this impossible or unreasonable.

5. If the position is filled by another employee while the original employee is on maternity leave and the employer prefers the temporary replacement, can the employer refuse to provide the original job for the returning employee?

No, any change in position for the returning employee must be made for reasons of business necessity. An employer’s preference for one employee over the other cannot be a factor in this decision.

6. Can an employee be laid off or fired while pregnant or on maternity leave?

No, an employee cannot be laid off or fired while pregnant or on leave for reasons related to her temporary disability. However, an employee while pregnant or on maternity leave is not immune from a general and legitimate lay off of employees for performance requirements.

To find out more about rights for pregnant employees, go to the NH Commission for Human Rights.

If you believe you have been discriminated against by your employer because of your age, sex, sexual orientation, race,  physical or mental disability,  religion or pregnancy status, contact the Lawyer Referral Service.  LRS can refer you to competent attorneys who specifically handle discrimination matters in New Hampshire.  Call 603-229-0002 or request an online referral.

2010 NH Workplace Deaths Lowest in the US

As reported by Kathleen Callahan, in the NH Business Review, December 16th, 2011: 

“New Hampshire had the fewest number of workplace deaths in the country in 2010, according to the Census of Fatal Occupational Injuries.”

“Five people — all men — died on the job in New Hampshire last year, which was the fewest number of workplace fatalities in the Granite State since the U.S. Bureau of Labor Statistics began tabulating them in 1992.”

“That’s one fewer than the six who died on the job the previous year, and is down significantly from the 23 recorded in both 1997 and 1998 — the state’s highest years on record since 1992.”

To read the entire article, go to http://www.nhbr.com/businessnewsstatenews/943442-257/n.h.-workplace-deaths-lowest-in-u.s.-in.html

If you have been injured on the job, you may be entitled to Workers’ Compensation.  LRS can refer you to competent attorneys who specifically handle Workers’ Compensation matters.  Call LRS today at (603) 229-0002 or request an online referral.

 

New Hampshire Advance Directives

Making decisions about medical care is not always easy – especially now that machines can keep patients alive even when there is no hope for recovery. It’s your right to participate and plan for your care.  But at some point, you may become unable to make your own health care decisions. That’s why it’s important to think and talk about your feelings and beliefs with your loved ones – long before critical medical decisions must be made.

 This guide provides you with information about creating an “advance directive” – a legal document that states your preferences about medical care. Please read it carefully and discuss it with your family, doctor, nurse practitioner, patient representative, chaplain or other caregiver.

To download the complete guide go to:  http://www.healthynh.com/fhc/initiatives/performance/eol/2010%20ACPG.pdf

Reprinted by permission from the Foundation for Healthy Communities copyright © 2010. All rights reserved.

While you may not need an attorney to create basic advance directives, you may want an attorney to assist you with more complicated forms of estate planning such as wills and trusts.   Contact the Lawyer Referral Service at 603-229-0002 or complete the online referral request form at https://www.newhampshirelawyerreferral.com/contact-us for a referral to a competent attorney who handles estate planning matters in your area.

 

What is Sexual Harassment?

With all the controversy in the news these days surrounding the sexual harassment claims against a presidential candidate, LRS decided to research  just what IS sexual harassment? 

The NH Coalition Against Domestic and Sexual Violence defines it as “any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. Any conduct of a sexual nature that makes an employee uncomfortable has the potential to be sexual harassment.  Given this broad definition, it is not surprising that sexual harassment comes in many forms.” 

For more information visit the Coalition’s website at http://www.nhcadsv.org/sexual_harassment.cfm 

If you believe you are a victim of sexual harassment in your workplace, or if you have been accused of sexual harassment, the Lawyer Referral Service can help by referring you to a New Hampshire attorney who has experience handling either side of this emotional legal issue.  Call (603) 229-0002 or request a referral online at https://www.newhampshirelawyerreferral.com/contact-us

How to Start a Business in New Hampshire

“The New Hampshire Business Resource Center and the International Trade Resource Center offer resources to enhance the economic activities of the state through business attraction outreach, in-state business expansion efforts, and facilitation of government and international sales.”

For more information and links to many resources such as Business Assistance Programs, Emergency Management Tools, and Energy Efficiency Programs, go to the NH Business Resource Center  at  www.nheconomy.com/business-services/start-a-business-in-nh/.

Whether starting a small home-based business or a corporation, your business must comply with state laws and regulations. There may be licensing and permit requirements to consider, or zoning and environmental regulations. If you plan to hire employees you also need to be aware of federal and state labor laws regarding benefits and wages, and discrimination.

The Lawyer Referral Service can refer you to an attorney who can assist you in starting your business, from sole propietorships to corporations and franchises. For more information call 603-229-0002 or fill out the Lawyer Referral Request Form at

https://www.newhampshirelawyerreferral.com/contact-us