betweenAgreement • July 6th, 2011
Contract Type FiledJuly 6th, 2011The taking of leave is not mandatory. The Employer may not require a pregnant employee'to take leave unless the employee is unable to perform an essential function in her position and there is no appropriate alternative job available. The burden of proof respecting inability to perform an essential function rests with the Employer. If the inability test is met, then the forced leave is only for such time as the inability to perform the essential function continues.