fired for being being pregnant.

[indeserateneed]

What is the name of your state (only U.S. law)?
I live in the state of ky and worked for a major corporation that has headquarters in FL. I was employeed for over 3 yrs and was a model employee. I found out that I was pregnant on feb. 13th 2011. My pregnancy progressed normally until June 24th when I started having complications and had to see my OB weekly. My employeer does not accept dr exuces so I was told I needed to take FMLA. I was also told that I could take up to 6 months. I still got excuses from my OB to prove that I was going to appointments. On Aug 29th I was told that I needed to be on complete bedrest for the remainder of my pregnancy and I have documentation proving that as well. On dec 29th I was released to go back to work I took my release to my HR manager and she said she would be in contact with me. I waited 2 wks and went back to office and asked when I could come back to work. She replied with "we'll call you when we want you to come back" I gave it another couple of days and I decided to go sign up for UE benefits because they wouldn't let me come to work. I have since found out that I was terminated the day I applied for UE but the company denied my UE benefits because "I took off longer then they thought was neccesary". I know I can file an appeal with UE but is their anything else I can do?

 

[las365]

FMLA provides protection from termination for 12 weeks, not six months.

When was your child born?

 

[indeserateneed]

he was born on oct. 16, 2011. When I applied for FMLA my HR manager told me that I would be protected for 6 months. She never informed me that I only had 12 wks. She also never informed me that I was terminated. She told my mother who also works for the company to tell me that I was terminated. And I have been completely deleted from the tracking system. The company does not give letters of termination.

 

[swalsh411]

As stated, FMLA protection is 12 weeks. Your employer can legally terminate you on Day 1 of week 13. You either heard wrong or the person in HR made a mistake.

And FYI employers do not "deny" benefits. They can oppose them but the decision is made by the State. You should appeal the determination.

 

[indeserateneed]

So I am paying for my HR managers lack of mistake?

 

[cbg]

Are you telling us that you would have gone back to work after a total of 12 weeks, only a matter of a couple of weeks after your child was born, if you had been told that you only had 12 weeks?

 

[swalsh411]

Even if you could prove you were told you had 6 months it would not be legally binding on the employer. Employer policies rarely if ever rise to legal obligations.

Furthermore, employee rights under FMLA are not some big mystery. If you had looked it up yourself then you would have seen you only get 12 weeks protected leave. Also, I bet there was one of those labor law posters somewhere in your workplace which would have said 12 weeks.

 

[commentator]

Okay you were denied unemployment by the system, right? You have received a letter from the unemployment system saying that your benefits are denied due to "**************.." whatever it says. If you were only called in or contacted by them saying that the employer has said you were terminated due to such and such reason, then you need to immediately get in touch with the unemployment system as they are saying and quickly provide them with the information they are asking for, or appeal the decision if this was an official decision --- as has been pointed out, the employer does not get to say whether or not you get to draw unemployment.

If you were terminated after being released by your doctor to return to work due to an illness, it doesn't matter a hoot whether or not your employer accepts doctor's excuses, being away from work with a doctor's statement is not considered misconduct...and that is the only reason they can terminate you and not have you be approved for unemployment benefits.

You'll need to show the system exactly when you were released by your doctor, and you'll need to tell them the exact date that you first contacted the HR person...and what was said, and what you did.

It doesn't matter one whit whether or not you THOUGHT you'd get 6 months, not 12 weeks. They could terminate you as soon as the 12 weeks was up. But you wouldn't have gone back to work if you'd had that knowledge anyhow, as has been pointed out to you. Because you were involved totally in having the baby and being on bed rest and all those other things that were going on.

As far as her telling you that you were terminated...and deleting you from their system, that's not illegal. They are not officially required by anyone anywhere to tell you you're terminated. When you filed for unemployment benefits and they were contacted, that's the only time and place they really were forced to say when and why they officially terminated you, in order to keep you from drawing benefits they'd have to show that they had a valid misconduct reason.. for example, if you'd waited three or four weeks to tell them you'd been released by the doctor, for example, or they told you to report back on Monday and you didn't show up.

BUt that appeal to unemployment is about the only recourse I can see in this rather convoluted situation, because it is legal to terminate someone when their FMLA is up. It does not mean they cannot get unemployment benefits, but it is legal to terminate them, even if they are still under the doctor's care.