CAn a job fire you for missing days related to pregnancy?
Hey guys i was just wondered if a job could fire you for missing days if they know you are pregnant and it is related to your pregnancy I have missed 2 weeks so far because of extreme morning sickness and i thought they was some kind of law protecting pregnant women if they miss due to pregnancy complications any one know?
No not if they know you are pregnant and you have verification by your doc as to why you were out because there is a law protecting you. something about discrimination on pregnat women I cant remember the exact name. You should have some numbers in the gov. listing in your phone book or call someone in charge of everyone else.... Best of luck to you girl!
I am well-versed in CA law which has very strict pregnancy disability requirements (in addition to FMLA, we have pregnancy disability leave AND CFRA!). I believe you are located in Pennslyvania, correct? Walmart would be covered under FMLA.
FMLA is a federal law and it allows you to take unpaid family/medical care leave of up to twelve (12) weeks during a 12-month period for any of the following reasons: (1) to care for your child after birth, or placement for adoption or foster care; (2) to care for your child, parent, or spouse (“immediate family member”) who has a serious health condition; or (3) for a serious health condition that prevents you from performing your job.
You are eligible for family or medical care leave if you have worked for Walmart for at least one year, have worked at least 1,250 hours over the previous twelve (12) months, and are employed at a worksite where Walmart employs at least fifty (50) employees within a 75-mile radius of that worksite. For purposes of calculating eligibility for family/medical care leave your company most likely recognizes a rolling 12-month period measured backward from the date you use any family/medical care leave.
Assuming you qualify, any time that the doctor puts you on leave prior to your delivery date, this time counts towards your FMLA leave (it's called intermittent leave). Usually companies request medical certification which should also document the dates and duration of any medical treatments. Walmart may require you to periodically submit subsequent written certifications from a health care provider and reports regarding your status and intent to return to work.
You asked if they can fire you while on FMLA and the answer is generally "no" since this law protects your job. The law states that employees granted leave are guaranteed reinstatement to the same or an equivalent job position at the end of the leave unless the job ceased to exist for legitimate business reasons and subject to any other defense allowed under the law.
If you feel that you are being discriminated against, be sure to speak to your Human Resouces department to get further explanation of their policies and the law that is supposed to protect you.
Ok while all this FMLA stuff is great, it seems that it really only covers that maternity leave part. Where does it say it covers time off for prenatal appts and morning sickness? All the employer has to do is say that it is an excessive amoutn of time off and it's affecting the individuals performance and the overall performance of the company.
I'm sure Walmart has a sick leave plan. The prenatal appointments would count towards her sick leave. If she is exempt (salaried), she just has to make sure that she works at least 30 minutes of the day because they would still have to pay her for a full day (even if she is out of sick leave). If she is going to be out more than one day due to pregnancy and the doctor writes her a note to do so, the company will most likely count that time towards her FMLA leave which is 12 weeks.
I know that in California if you take as many sick days as you're allotted, the company cannot come back and claim excessive absenteeism. However if the employee exceeds the allotted amount, the employer could write the employee up for violation of sick leave policy. BUT, pregnancy is considered a disability and therefore employers have to be REALLY careful. I've been advising companies for 12 years in the human resources realm and any time we have had a pregnancy leave of absence and the company wanted to terminate the employee, I ALWAYS have sought out legal advice to make sure the company didn't get sued and to make sure that the employee was not discriminated against.
As I wrote above, the company can still terminate an employee if they have financial reasons to do so that can hold up in court. And a company can say that the employee is not performing her duties but again, they better be ready to defend a wrongful termination lawsuit!
walmart does not have a sick leave plan until I give birth or if its life threating I got coached for attendance AGAIN yesterday and now I have to write up an action plan saying how I am going to change my attendance but the fact is I cant Im pregnant and Im going to have complications ( im high risk) and I ahve been with walmart for 1 year and 5 mths so I qualify for the medical leave but no one told me prior to me missing days. And just because I missed 3 weeks before my 1 year anniversary i now have no vacation time so im screwed as far as materity leave it will all be unpaid. They gave me a family and medical leave act to fill out AFTER they coached me so I am going to take it in and have my doc fill it out and I guess Ill go back and see if I still have a job but to me this is unfair I cant help the fact that I am having complications i have no control over that I was in the er for 3 days and they counted that against me i mean seriously I cant go to work with an iv pole now can I? I am so fed up with this company but Im pregnant so I need to work im just at a loss.
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