Could I get fired? If so, do I have any right to pursue legal action?

I started working (full time) for my company about 7 months ago. As soon as I started, I ended up FINALLY getting pregnant. I had planned on taking 6 weeks off to bond with my first and probably only child. My boss sent out an e-mail to everyone in the company (there are 7 of us in the office) stating that nobody would be allowed to take vacations in May since that's when the stork is coming. She also stated in the e-mail that they should only expect me to be gone 1 week, 2 @ most if I have complications. I was crushed! I went to her office and informed her that I would like to have 6 weeks off so that I can bond with my baby, get the whole breastfeeding thing down, have some time to recover after delivery, and make arrangements to have someone close to me watch the baby when I return to work. She told me there was no way I would be able to have that amount of time off. It's a week and that's that. She also told me that most nurseries start accepting babies @ 1 week - which is total bull! And even if they did - I wouldn't leave my 1 week old with some stranger and a bunch of germ infested kids! I don't qualify for FMLA because I haven't been here long enough. And I don't have any sick time or vacation time either. But my doctor said that he thinks that's ridiculous and that he would write me a note. Can I get fired even if I have a doctor's note? And if so, is there anything I can do? I'm paying all of my med bills out of pocket because I make too much for Medicaid. I have saved up enough money to live comfortabIy for the 6 weeks I'd be out, but I would like to have a job to return to. Btw, I'm in Tx.

michr

Could I get fired?
YES you could but...
hopefully it won't come to that.

If so, do I have any right to pursue legal action?
probably not,
if you are unable to perform your duties that is not your employers fault.
the employer does not have to excuse an absence just because a doctor writes a note.

your best hope is an honest, open conversation with your employer.
discuss your options:
working from home, part-time, extended leave, different shift, job-sharing etcetera...

if the employer is treating you differently then someone else in a similar situation because you are pregnant or because you have given birth then there are some protections afforded by the Equal Employment Opportunity Commission (EEOC). from what you have explained i highly doubt that this is the case but it can't hurt for you to ask for an opinion from them. with all the facts they will make a determination and may be able to assist you. (as i stated i seriously doubt it but try)
http://www.eeoc.gov/types/pregnancy.html
http://www.eeoc.gov

ibu guru

Your company is far too small to be subject to Family Leave act provisions, you have no accrued vacation or sick leave, and your absence is clearly going to disrupt the entire company. There is nobody to take up the slack while you are gone, and with such a small company and the abysmal economy, they probably cannot afford to hire a temp. Your timing is appallingly bad!

A doctor's note is no help. You aren't disabled. If you had serious complications, C-section or something (heaven forbid!), then you might qualify for short-term temporary disability, but wanting to bond with your baby is hardly a disability that would qualify you for time off.

Does your husband qualify for family leave to take some time off for the baby when you return to work? Doesn't he have insurance for your family?

As for making arrangements for when the baby arrives, you should never leave that until after the baby is born. You should have those arrangements set up by now. Indeed, you should have had a good idea of how you could manage things before you got pg. Now you are fouling up several people's lives and possibly jeopardizing several people's livelihoods.

You probably have no recourse but return to work or leave this job. The handwriting is on the wall -- you are not going to be cut any slack for baby's teething pains & colds, PTA meetings and the parental rigamarole on this job. They are too short-handed and money is simply too tight for this little company to shift any of your job duties to coworkers.

Judy

Sorry, but since you aren't eligible for FMLA, yes they can fire you if you aren't available to work.

That said, is it fair or sensible? Heck no. But it's legal, and no you don't have any recourse.

I went back to work 1 week after my daughter was born in 1970 - that was before the days when maternity leave was standard - I was charged a week of vacation while I was off. She and I both survived, but it wasn't fun.

Good luck. I hope your boss reconsiders.

Brittany L

NO NO NO NO!!! I am furious by this. I had a normal delivery and I wasn't even able to walk straight after a week!!! No daycare I have ever seen has took a child under 6 weeks. This fires me up..I want to write your company personally...this mom is outraged!

I took off 3 months with my first and never went back after my second. Those first 6 weeks you are up all night long feed that baby? When does your boss expect you to sleep! Oh I am sooo fired up. I need to take a breather! Good Luck Honey

I am writing my senators about updating this FMLA law..this is ludacris!

grit

I just started working at Taco Bell and i'm in my 90 day period and i ended up getting an dental Abscess and my face is swelling up i gave them a doctors note and she still fired me . How can I work with my one side swelled up take orders read them back and shit it hurts like hell can I do something to fight it?

Enter Your Message or Comment

User Name:
User Email:
Post a comment: