fired for following dr's orders?

[jerzigurl77]

What is the name of your state?What is the name of your state? NJ

I've worked in a warehouse for a little over 10 months. Because of all the walking, I have become a high risk pregnancy (dr says I can deliver any day even though I'm not due until the end of August.) My dr wants me out on disability for complete bed rest. My employer says they will only hold a job for me for 30 days and then they will terminate me. Is that legal? I thought they would have to hold a job (not my job) until I was cleared to come back to work after maternity. Any advice is appreciated...

 

[Sockeye]

Because you haven't worked at least 12 months with the company you don't qualify under the FMLA law. They don't have to keep the position open for you.

 

[cbg]

It is surprising how many people believe that an employer is required to hold jobs for the duration of a period of medical disability, no matter how long that may be. That is not the case under Federal law or the law of any state.

An employer is only required to hold a job for the duration of FMLA or any state mandated medical leave that may apply. Since you do not qualify for FMLA and since NJ does not have any state mandated medical leave, they are free to term your employment at whatever time their company policy would normally do so.