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Terminated while pregnant

Discussion in 'Medical Leave & Disability' started by cnc82405, Mar 28, 2017.

  1. cnc82405

    cnc82405 Law Topic Starter New Member

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    I am currently 13 weeks pregnant. During this pregnancy, I have been horribly sick. On days I was unable to work, I called in the required 3 hours prior to scheduled shift. I was specifically told to this, because I was at work one night, vomiting repeatedly in the restroom. My schedule began to change. Instead of my usual shifts, I was scheduled on call shifts. At 10 weeks I went to the hospital because I thought I was miscarrying. I found out I had a tear outside my gestational sac, and the hospital told me to see my doctor and to only get out of bed to use the restroom. I took my emergency room papers directly to my manager. I told him they were emergency room papers and that I would not be able to work until I saw my doctor to get the ok. He said he would note it and let the store manager know. My appointment was a week later. After I saw my doctor, I called my work the following day to tell them the outcome. I was told that the manager was busy and that I no longer worked there. My online account for work no longer works. I never was told I was let go. I never received a phone call or email regarding my termination. No paperwork was given. I'm at a loss, and am now looking for direction on what step I should take from here.
     
  2. ElleMD

    ElleMD Well-Known Member

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    How long have you been there and how many hours did you work in the past year? How many employees (specifically how many within a 75 mile radius)? How much time did you miss and did they know the reason? Did you call in after the ER and before your doctor's appointment? Did your doctor clear you for work?
     
  3. mightymoose

    mightymoose Moderator

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    File for unemployment right away. Also contact social services if you need additional help.
     
  4. cnc82405

    cnc82405 Law Topic Starter New Member

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    I had been there a little over a year. I worked between 20-30 hours a week. I'm unsure how many employees there are at that specific location. It is a restaurant. There is another restaurant within 75 miles, so well over 100 employees. I did not miss work to go to the ER. After I was seen at the ER, I went to my work immediately and told them my condition, and the restrictions I was put on by the hospital, until I saw my doctor. At that time I informed my manager I would be unable to work my upcoming shifts for that week. I wasn't scheduled for another shift for two days following my ER visit, so there was plenty of time for them to get my on call shifts covered. I saw the doctor, and they cleared me for work, with warnings of taking it easy. When I went to call my work, to discuss possibilities of lighter work, I was informed over the phone that the manager was busy and that I no longer was employed there.
     
  5. cnc82405

    cnc82405 Law Topic Starter New Member

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    I had been there a little over a year. I worked between 20-30 hours a week. I'm unsure how many employees there are at that specific location. It is a restaurant. There is another restaurant within 75 miles, so well over 100 employees. I did not miss work to go to the ER. After I was seen at the ER, I went to my work immediately and told them my condition, and the restrictions I was put on by the hospital, until I saw my doctor. At that time I informed my manager I would be unable to work my upcoming shifts for that week. I wasn't scheduled for another shift for two days following my ER visit, so there was plenty of time for them to get my on call shifts covered. I saw the doctor, and they cleared me for work, with warnings of taking it easy. When I went to call my work, to discuss possibilities of lighter work, I was informed over the phone that the manager was busy and that I no longerwas employed there.
     
  6. hrforme

    hrforme Active Member

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    To be eligible for FMLA job protection, you need to have worked 1250 hours in the last 12 months. At 20-30 hours a week, it is possible you did but also possible you didn't depending on how much work you missed due to the illness itself.

    And at just over a year, that means at least part of your 13 weeks of health issues was definitely not covered under FMLA either way, so any absences during that time period could be counted against you. Because those won't count in the 1250 hours worked. But if you were not terminated prior to that, then FMLA protection MIGHT have kicked in at the 1250 hour mark if you have hit it. How many total shifts have you missed? They can terminate you if you have other non-FMLA related absences that add up to be enough with the prior-to-FMLA absences to hit their discipline policy for absences.

    And in the end, pregnancy just has to be considered the same as any other illness. They dont' have to treat you better, cant' treat you worse, but can treat you the same.

    (I feel for you because I also had hyperemesis back in my day. I lost 16 lbs in 9 days and ended up in the hospital with an IV in my arm. Luckily I had an understanding employer and was allowed to do some work from home. )
     

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