General Question

Jade9191's avatar

I am 35 weeks pregnant and been put on bed rest for pre-term labor. Can my employer legally fire me?

Asked by Jade9191 (15 points ) August 25th, 2012

I have worked at this company for two years now and they have known the last 8 months that i have a baby on the way. Other employees have been allowed to come in and roll silver wear so they could stay on the pay roll. Now my general manager is refusing to let me do the same, is this right? Also he has already taken me off the schedule and its only been a week since i gave my doctors note and proceeded with hiring two new servers. The restaurants is located in Illinois but my manager says they go by Indiana laws, how can they do this?

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4 Answers

Coloma's avatar

I’d have to do some research, but, bottom line…fuck this guy.
ALL that matters is your health and that of your baby, I would seek legal advice, but…bottom line, do not allow this to stress you out, bad, bad, bad. Your only focus is on your health and that of your unborn infant little mama to be. Your baby picks up your negative emotions, do your best to stay at peace and relax. No job is worth your health.

Pied_Pfeffer's avatar

According to the US Family Medical Leave Act, your job should be secure.

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
* Twelve workweeks of leave in a 12-month period for the birth of a child and to care for the newborn child within one year of birth
Source

Note: I think that an eligible employee is anyone working full time. As for what a covered employer is, I am not sure what that means. Here is a link to the FMLA Employee Handbook. I highly recommend reading it. It might also be beneficial to contact an office in your area or state if the business does not have an HR representative.

The supervisor is right to take you off the schedule, since you have a note from the doctor stating that you should not work. He has the right to hire people to cover your job until you are able to return, as long as it is within the 12 workweek period allowed by FMLA. There may be some other bit about returning to your old job or one similar….I don’t recall.

IF you are eligible for FMLA, then the supervisor cannot terminate your employment. That’s the purpose of FMLA…to protect people in your situation or a similar one.

Let us know how it turns out. And congratulations on the baby!

bkcunningham's avatar

FMLA only applies to companies with 50-plus employees.

He absolutely cannot decide what state laws to follow. He must adhere to the laws in the state where he is doing business. If he fires you, you can draw unemployment.

Did you give a doctor’s note and say you wouldn’t be coming back until you were given the okay?

Pied_Pfeffer's avatar

@bkcunningham Thank you for providing the answer to what constitutes a covered employer.

After looking it up, it means a company with 50 employees or more within a 75-mile radius. So, if the company has more than one establishment within a 75-mile radius, even if one is in Indiana and one is in Illinois, and the total number of employees is 50 or more, the company is required to offer FMLA.

The bottom line is that you need to seek out help and do it quickly. Be it federal or state level support, it is time sensitive.

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