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Fired during pregancy leave

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hclement

Junior Member
Virginia


I have a question regarding medical leaves of absence during pregnancy. I was hired on as a Sales Director on May 8th 2007. I worked extremely hard and it was well known that I was expecting. A position opened for the administrator of the assisted living where I was working. I received an offer almost immediately from the regional who had met me prior and thought I would be a good fit. I held the position for four weeks before on October 12th, I was told that I should be induced on the 13th. I had previously spoken with the regional and it was agreed that I would take three weeks of maternity leave if I had a natural child birth or four if I had a caesarean. After I had my child, I began to have complications, quite serious ones. I recovered but my physician felt that I needed to take the full six weeks. He would only allow me to return to work at four weeks half days, despite my efforts to convince him otherwise. I returned Monday November 12th. I was told to send my physicians note to human resources. Later that day I spoke with a human resource’s associate. She informed me that I either needed to be released fully or go back home. I went home at the end of the day and immediately contacted my physician who still would not release me. Two days later at 5 PM I was called and told that my position was terminated, that I hadn’t done anything wrong but that I broke policy. I was told I could reapply for any open position but just found out that they filled the position last week from an employee still working there.

I'm not covered by FMLA but do I have any legal ground?
 


ecmst12

Senior Member
Without FMLA protection, you don't have any recourse unless there is a state law that would protect your leave. It's legal to terminate an employee not eligible for FMLA due to being out too long for medical leave. It's legal to terminate someone who IS eligible for FMLA if they are out for even one day longer then the 12 weeks allowed. You can apply for unemployment, but you won't be able to collect until your doctor releases you to return to work - you have to be ABLE to work and ACTIVELY SEEKING work to qualify for UC.
 

mitousmom

Member
Tile VII of the Civil Rights Act requires employers to treat pregnancy as it would any other short term disability. If your employer has adjusted the work schedules for employees with short term disabilities or granted them leave of six weeks or more, you should contact EEOC or your state human relations agency for information and guidance.
 

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