Ok, here's what happened. I was forced to leave work early before my daughter was born due to preterm labor concerns, when i went to return to work I was told I no longer had a job. The total time I was out was under 12 weeks and about 9weeks after the birth of my daughter. My employer has less than 50 employees, so i know it isnt a violation of the FMLA, but does anyone know how long legally under the Pregnancy Discrimination Act that he has to hold my job for? This just seems wrong to me. I had a doctors excuse and I thought the average length for maternity leave was 8weeks to recover.
This is an old question but...
What you have described is actually not pregnancy discrimination. They didn't fire you because you were pregnant...they fired you because you essentially missed too much work. As far as I'm aware, it's 6-8 weeks leave to give birth to a child. Unless they had previously approved an extended leave of absense, there's nothing you can really do.
In the state of Oklahoma FMLA covers 12 weeks of job guarantee if you have been working for the company for at least a year. Short term disability for a vaginal birth will pay up to 75% of your normal pay for 5 weeks, the first week you must use pto or vacation (total of 6 weeks). If the birth is c section then short term disability covers 7 weeks with 75% pay, the first week you must use pto or vacation time (total of 8 weeks). However short term disability doesn't have anything to do with FMLA and at my company it guarantees that you have up to 12 weeks off, if approved and for pregnancy and pregnancy complications it always is. However, there are some stipulations that you must update your employer of your status every so often. I am going through the whole fmla and short term disability thing right now due to having my baby 2 months early so if you live in Oklahoma that is the most current criteria.
it is actually 6 weeks unless you had a c-section and then it is 10. They do not have to hold the position if you had to leave before your due date if you take more then 6 weeks off including the time before delivery. I know it sucks. A co-worker of mine only got 2 weeks with her 2nd because she had some complications before delivery.
You are right it is 8 weeks. But he seems like he isn't a very family person and looking for new job might be better with a new baby.
If yo u look on the federal goverment website you can legally take up to 12 weeks of time off and they can not fire you.
Try maybe going to your unemployment office and asking them because I think they would know or at least I hope they would or see if maybe they can find someone who does know.
I am sure this isn't what you want to hear, and I am basing this on information I learned in California about 3 years ago, but the only thing an employer has to do is offer you your job or something equal to your job when you return. The one way out for an employer (especially small employers) is if they eliminated your position. Basically if no one else was hired to do your job and/or your position doesn't exist any longer I don't believe that he has to give you your job back. You may want to just do an internet inquiry on FMLA or maternity leave on the internet. Hope everything works out for you.
A.,
My husband is a plantiff's lawyer who handles a lot of wrongful termination and pregnancy discrimination cases, so i've heard a lot of stories. You're right about FMLA not covering you, but that doesn't mean you don't have rights. I suggest that you contact a lawyer that handles this kind of work, and they will get the facts and tell you if you have much of a case. If so, they will move forward with you on a contingency basis, meaning that you don't owe them money unless you recover money from your employer.
What happened to you certainly doesn't seem fair, but a discrimination lawyer will be able to tell you if the law supports your claim.
Good luck!
K.
I am not sure, but I was basically fired for being pregnant and was told that because there were less than 50 employees there was nothing I couldo do. This was almost 9 years ago, so it might have changed. C.
When FEMLA goes into effect and you have taken your time off by law they can't fire you. If you were still on the FEMLA when he dismissed you then you can take him to court. Please let me know what happens. ____@____.com is my e-mail address. Contact your local Better Business Bureua.
I have never had any problem with this. I was on 12 weeks leave due to doctor's order. With the Dr's order - THEY CANNOT do anything. I was pregnant with my 1st son and had worker's compensation at the same time. I was on leave for workers comp for 2 weeks then I ended up in the hospital for pre-term labor. So my ob/gyn dr told me that I HAVE to be bed ridden for 2 1/2 more months plus another 6 weeks. There shouldn't be any discriminations against pregnancies! If so, you can file against the company UNLESS they have some stupid rules of theirs but YOU CANNOT LOSE YOUR JOB OVER PREGNANT SITUATION! Lemme know how it goes!!
wow. so this happens often. i took 8 weeks out for my daughter and everyone was really understanding. but when i came back, my position 'didn't exsist' any longer. i ended up going to a different job, taking a $2 paycut and i'm so unhappy. so i know the situation sucks. hang in there tho. oh did i mention my postion came back after i left and they offered it to a dear friend of mine. he declined it :)
