Let go one week before maternity leave

[wsn104]

I am in Pennsylvania. I work for a large church in my area and they have decided that they need to downsize and lay people off. I have an agreement with them to go on maternity leave starting one week from when they notified me that I would be part of the downsizing/restructuring. Can they fire me just one week before I am to go on leave? I have also found out that the life insurance benefits for the 2005-2006 fiscal year which runs from July 1 to the end of June, that I was supposed to have, now don't have because my employer never filed the paperwork. They promised me something and never fololowed through with it. They are offering me 1 month of severance and that is all. I am due to give birth in a week! Is there anything that can be done, is what they are doing legal?

 

[rmet4nzkx]

I am in Pennsylvania. I work for a large church in my area and they have decided that they need to downsize and lay people off. I have an agreement with them to go on maternity leave starting one week from when they notified me that I would be part of the downsizing/restructuring. Can they fire me just one week before I am to go on leave? I have also found out that the life insurance benefits for the 2005-2006 fiscal year which runs from July 1 to the end of June, that I was supposed to have, now don't have because my employer never filed the paperwork. They promised me something and never fololowed through with it. They are offering me 1 month of severance and that is all. I am due to give birth in a week! Is there anything that can be done, is what they are doing legal?

Have you looked into FMLA or disability? The size of your employer and the number of hours you have worked during the last year will help determine if you are eligible, what denomonation because the financial/business structure will make a difference and there may be some internal appeals options. Since they are downsizing are they targeting you because you are pregnant or are they eliminating your job in favor of another non pregnant employee, or is there any history of discrimination against pregnant employees. There are several issues here, have you already been terminated/laidoff , Is the insurance the medical insurance you were planning on using for birth? Churches can be unfair employers and fighting them will affect your life.

 

[wsn104]

I am eligable for leave under FMLA and have done all of the necessary paperwork. I thought I was all set to go on leave in one week and then I get let go. I feel they are targeting me because I am pregnant. They have never kept a pregnant woman on staff and I was to be the first. They never even knew about the FMLA until they drew up a contract specifically for me. Other pregnant women at the church have been told to go home and take care of their baby once the child was born. I thought I would actually get to go on leave and things would be different for me. I see now that I was wrong. It angers me that they decided to let me go one week before the leave was to become effective, it is clearly discriminatory. I am just wondering if there is anything I can do? My last day will be Friday. I just found out about the termination today.

 

[uraphart]

Have you looked into FMLA or disability? The size of your employer and the number of hours you have worked during the last year will help determine if you are eligible, what denomonation because the financial/business structure will make a difference and there may be some internal appeals options. Since they are downsizing are they targeting you because you are pregnant or are they eliminating your job in favor of another non pregnant employee, or is there any history of discrimination against pregnant employees. There are several issues here, have you already been terminated/laidoff , Is the insurance the medical insurance you were planning on using for birth? Churches can be unfair employers and fighting them will affect your life.

Why would you ask about looking into disabilty? Is pregnancy considered a disabilty? Is child birth covered by life insurance? There was absolutely no mention of health insurance, therefore you are again wrong and have no knowledge in this area.
Is this another problem created by your disablity which impairs your ability to type, spell and think staight? Wouldn't it be less embarassing to you if you simply refrained from trying to be something you are not and never will be? You are inept and you've been told many times about this. You try to be funny but you aren't. You are being laughed at, granny, not laughed with.

 

[rmet4nzkx]

I am eligable for leave under FMLA and have done all of the necessary paperwork. I thought I was all set to go on leave in one week and then I get let go. I feel they are targeting me because I am pregnant. They have never kept a pregnant woman on staff and I was to be the first. They never even knew about the FMLA until they drew up a contract specifically for me. Other pregnant women at the church have been told to go home and take care of their baby once the child was born. I thought I would actually get to go on leave and things would be different for me. I see now that I was wrong. It angers me that they decided to let me go one week before the leave was to become effective, it is clearly discriminatory. I am just wondering if there is anything I can do? My last day will be Friday. I just found out about the termination today.

If you are already approved for a FMLA leave so this would be an eeoc violation especially with the history of discrimination re pregnancy. I asked the denomination because you might be able to call someone at a higher level and report the discrimination and get this resolved before Friday and resolve the insurance issues. If you have to take legal action or file a complaint it may be against both the local church and the larger denomination. Hopefully one of the regular HR members will respond as well. Contact the eeoc for your state and file a complaint and contact a civil rights or employment attorney. If this is the church you attend, be prepared for a lot of unhappy campers, you may want to seek a new church home if that happens. Update us as you are able.

 

[cbg]

FMLA does not protect an employee from a downsizing that would have occurred regardless of the leave or not.