• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Pregnancy lay off

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Olympus

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

My former place of employment lost a pretty big account a couple of months ago. Since then everyone has been nervous of being laid off as we were all told that it was coming. I have a pretty good relationship with my boss and asked since I was pregnant if he could do me the favor of giving me a warning if I was next to be let go. About a week ago, he informed me that him and upper management were discussing looking at me being of the next ones to go. He also said that if this were the case, he would have all the documentation ready before the last day so that I could do what was necessary with insurance and things like this. He also said that him and his boss would provide me with letters of recommendation and a copy of my resume and yearly review. Never was there anything in writing. Again on Monday, December1st, I asked if there was any news. My manager said no. He said that he would let me know as soon as possible. Yesterday, December 3rd, I went to my doctor and she decided it would be a good idea if my last day of work be December 4th, until I had the baby. December 4th, I went in to work and printed the correct documentation and sent it to my boss with my doctors note. Minutes later, I am called in to his office with HR on the speaker phone. They inform me that since I knew that my last day was going to be tomorrow and that I was getting laid off, I would not be receiving any maternity pay and that I would be laid off today. I informed them that I didn't know and was never given anything in writing and should receive the same benefits as any other employee here. Human Resources disagreed and laid me off.

My question is; Is this ok? Can they lay me off while pregnant and submitting my documentation for maternity leave?
 


ecmst12

Senior Member
You can be laid off while pregnant. You can't be laid off BECAUSE you are pregnant, but if you were simply next in line because of seniority or some other reason, they can lay you off. You can contact the EEOC and they will investigate, but it's not a sure thing. Since maternity pay is not required by law, the best you can hope for is to get your job back if you return within the 12 weeks FMLA protects.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top