Pregnancy Question - Missouri

[kachandler]

I'm trying to find out if this is legal. I'm unable to get FMLA due to my due date is July 29th and my year with the company is August 5th. When I talked with HR she state that if for some reason I had to take leave earlier than the week of my due date or so I would be voluntary let go (but could be rehired after the birth). I found out today I will be out of work starting the beginning of July, because of some complications. Pretty much I'm being let go because of the pregnancy if i'm understanding HR right. Does this sound legal??

Thanks

 

[ecmst12]

Unless you can prove that a NON-pregnant employee with a temporary disability was treated differently if they became unable to work prior to FMLA eligibility, they have done nothing wrong. Outside of FMLA, they are not required to hold your job for you if you are unable to work due to illness (including pregnancy complications) or childbirth.

 

[Beth3]

Does this sound legal?? Perfectly legal, unless the company has a precedent of providing similarly situated employees medical leaves of absence (presumably for 6 or more weeks) for reasons other than pregnancy. Your employer doesn't have to provide you with special "benefits" because you are pregnant - they just can't treat you less favorably because you are pregnant.