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Violated restrictions during pregnacy and fired while on maternity leave!

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missapril

Junior Member
What is the name of your state (only U.S. law)? Missouri

I started working for a corporation when I was 4 months pregnant, and upon their hiringme I told them that I was pregnant.

I encountered several problems during my pregnancy and the doctor had me on several restrictions, that he had to re-enforce several times because they would not abide by the restrictions, and I ended up in the ER a couple times.

At 33 weeks my doctor told me I had to quit working until I reached full term because I was showing signs of preterm labor. When I went to go see my doctor to get his approval for me to go back he told me that he did not want me to go back until 6 weeks postpartum.

I always gave my employer the notes that he gave me, and ones from the ER and L&D.

Now it has been 2 1/2 weeks since I had my daughter. I went to go speak with my managers about what hours they would need me to work once I went back. I was told at that point that I was considered "terminated". My manager said she would speak with higher authorities to see what was going on and would call me. However, every time I've ever heard "I'll call you", I don't get a call. So, I took upon myself to make the call. At this point I was told that because I had not been with them for 6 months I was not eligible for medical leave and therefor was automatically considered terminated after 40 days of not working. She said she would see IF I would be able to be reinstated. My BF thinks I should just call a lawyer and go after them for violating my doctors restrictions since it looks like I can't go after them for wrongful termination. Even though I was not told about this policy, or the fact that I was considered terminated until I went in to talk to them! But, I was not working for them long enough for this to be an FMLA case.
 


cbg

I'm a Northern Girl
I hate to tell you this, but there is no law requiring an employer to follow a doctor's restrictions, either. The doctor does not run the employer's business. Outside of FMLA, a doctor's note has no force in law.

I'm not seeing anything illegal here. Since you were not with them long enough for FMLA to apply, you had no legal expectation of any leave at all. There is nothing inherently illegal about firing you while you are on maternity leave.
 

Isis1

Senior Member
You're in Massachusetts, how much do you know about Missouri's law when it comes to that stuff?
i'm going to graciously explain something to you.

when one person knows something specifically in one state and is well versed in that states laws, it makes it even easier and quicker to google the required info that you cannot not seem to find as a layman.....

like this...

http://www.missouristate.edu/assets/human/FMLAPoster_Effective_1-16-09.pdf

you can say "thank you cbg" now.
 

cbg

I'm a Northern Girl
Not to mention the fact that I have had employees in MO before now. Where did you get the idea that state law knowledge was limited to a single state?

Tell you what. Why don't you ask your boyfriend to show you the MO law that says an employer is required to do whatever the doctor says?
 

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