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Question XVIII

2018 Bar · Labor Law · 2 sub-questions

XVIII. Nestor and Nadine have been living in for the last 10 years without the benefit of marriage. Their union has produced four children. Nadine was three months pregnant with her 5th child when Nestor left her for another woman. When Nadine was eight months pregnant with her 5th child, she applied for maternity leave benefits. Her employer refused on the ground that this was already her 5th pregnancy and that she was only living in with the father of her child, who is now in a relationship with another woman. When Nadine gave birth, Nestor applied for paternity leave benefits. His employer also denied the application on the same grounds that Nadine's employer denied her application.
(a)(a) Can Nadine's employer legally deny her claim for maternity benefits? (2.5%)
(b)(b) Can Nestor's employer legally deny his claim for paternity benefits? (2.5%)

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