Fired due to abscence 8 mo.pregnant with with extreme complications.

[marrs0813]

What is the name of your state? TEXAS : My wife was hoapitalized 2 weeks ago due to bad complications with this pregnancy I received a letter this week from her employer stating she was terminated as of 04/01/05 due to abscence.The letter was written on 04/06/05.Her employer was well aware of her condition and were kept updated daily. We were told everything was fine with them.They have not sent her last paycheck which was due to her the first week she came to the hospital.What do we do?

 

[Katy W.]

If the employer would have terminated another employee for missing the same amount of time, there is nothing you can do. The pregnancy discrimination laws don't require an employer to be more lenient with pregnant employees, they just require that an employer not treat a pregnant employee worse than other employees because of the pregnancy.

Do you feel that other employees have missed as much work as your wife with no consequences?

Have you called the employer about the pay? If they won't issue the check you will need to call the Dept. of Labor and file a complaint.

 

[rmet4nzkx]

Did your wife apply for FMLA, was she eligible?
Please answer the following questions:

1.) How long has she worked for this employer?
2.) Does the employer have at least 50 employees within a 75 mile radius?
3.) Has she worked at least 1,250 hours in the last 12 months?
4.) How much leave time, TOTAL, has she already taken in the last 12 months related to the pregnancy or any other illness, including any time for doctor's appointments, morning sickness, etc.?