Ashley Ruiz-Lopez was recovering from a cesarean section when she was fired, the state says.
VINELAND -- A contract bakery has agreed to pay $70,000 after the company was accused of violating state law by firing an employee who was on maternity leave, the state Office of the Attorney General said Tuesday.
Omni Baking Company of Bellmawr and Vineland fired receptionist Ashley Ruiz-Lopez in 2016, despite her clear communications with the company about her leave and her planned return date, authorities said.
After the state's Division of Civil Rights finding, the bakery agreed to pay Ruiz-Lopez, of Vineland, $60,000 to resolve the issue and $10,000 to the division. It will also have to create and distribute a new family leave policy, provide anti-discrimination training to its roughly 450 employees, and submit to a year of monitoring by the division, the release said.
"An employee should not have to choose between keeping her job and raising a family," division Director Craig T. Sashihara in the statement. "New Jersey's family leave and pregnancy protection laws were created to maintain the integrity of the family unit and help society prosper. Our commitment is to ensure that employers adhere to those laws."
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At issue was Omni's claim that Ruiz-Lopez had not officially requested leave under the New Jersey Family Medical Leave Act. Sashihara found that an employee must only "provide sufficient information to alert it that the worker plans to take time off for a purpose covered by the law" and does not have to specifically mention the NJFMLA or fill out a specific form.
The owner of the bakery could not be reached for comment Tuesday.
Ruiz-Lopez was hired at the bakery, which produces breads for other businesses, in June 2014.
She went on maternity leave on Jan. 29, 2016 and before giving birth, dropped off a claim for temporary disability benefits at the bakery. That paperwork included a doctor's note listing her due date as Feb. 27 and her return date in mid-April, according to the release.
After she gave birth in February by cesarean section, she informed the bakery and dropped off another doctor's note stating that her recovery date would be April 17, officials said.
She told investigators that she made attempts in person and by phone to contact the company's human resources manager, but all her messages went unanswered.
The bakery fired her March 29, 2016, without giving her a chance to be heard, Sashihara said.
Ruiz-Lopez filed a complaint with the Division of Civil Rights, which issued a finding of probable cause that the company violated her rights by firing her because she gave them sufficient notice of her intent to take maternity leave.
Sashihara also found the the bakery violated the New Jersey Law Against Discrimination by firing her while she was recovering from surgery without at least talking to her about whether they could provide "reasonable accommodation" for her disability at that time.
"The totality of the circumstances, including her submission of medical certificates showing her expected recovery dates, repeated visits to the office, repeated attempts to reach (the HR manager), and the nature of her leave, was sufficient to trigger Respondent's legal responsibility to engage in the interactive process," Sashihara noted in the release.
Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.