My job fired my and I'm pregnant, can they do that?

I’m currently 7 months pregnant I had FMLA and I have been having issues regarding my pregnancy, So I would call in FMLA days when I wasn’t feeling well. I went into work an the HR lady called me into the office and said they have to let me go, she said I know you have FMLA but that’s not how it works. I had health insurance through my place of employment, but now that I’m fired I don’t have any insurance. Is this even possible for my employer to do to someone that’s pregnant? I am not eligible for a medical card.. I’am at a loss for what to
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You need to speak to an attorney about the possibility of a lawsuit but in the meantime go to your local county office and ask for medi-cal. Also explain to them your situation they will be able to assist you better than any random stranger on the internet can. Best of wishes and good luck!

Most companies are upfront in your handbook. Mine job offers FMLA, unpaid for 13 weeks & has the option to let you go. Some go based on a certain amount of hours a year :woman_shrugging:t2:

Help a mama out and respond anonymously on our forum. My job fired my and I'm pregnant, can they do that?

Flma is a federal program and they have to hold your position for 90 days

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You should be eligible now and file unemployment

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FMLA is supposed to be used like at once type of thing. Atleast that’s what I’ve always been told. Taking a day or 2 here and there wouldn’t be covered by FMLA. But maybe I’m wrong?

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They cant fire you because your pregnant however they can find other reasons to let you go.

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What was the reason they let you go? You can get fired with flma but not for using it. I would file for unemployment asap. And maybe call a lawyer also depending on what HR told you.

I thought fmla was an allotted time off not hit and miss days. I would definitely look to what was on paper when you got the job, talk to an overhead if need be…if now without income apply for unemployment and whatever you are able to. I mean she could let you go cause you coughed the wrong way and it wasn’t what she wanted. Most states are at will. And can just like that let you go

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When I was pregnant The last of my pregnancy I used alot of days off. File for medicaid in your state to cover your insurance and file for unemployment since they fired you.

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Fmla can be used intermittently if you qualified for FMLA. Typically you have to work a certain amount of hours and be with the company for a year. But also there are other laws like the Pregnancy Discrimination Act… you should look into it and bring it up with HR again

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It depends on how the paperwork was filled out. When I was pregnant my own FMLA was only for 12 weeks straight, but my husband got 12 weeks intermittent, so he could use his whenever I needed him. But his paperwork was filled out differently.

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Depends on your state. If it is California or New Jersey it is a big hell no they can’t most still try. In Illinois and Oregon the told me no excuses. I was fired for going to the ER all day and being on an iv and lost 25 lbs. I was terminated because I worked there less than 365 in Illinois and that allowed them to terminate me. I was even denied food stamps and cash aid and I had a doctor note writing I lost 35 lbs within the first 12 weeks.

https://www.dol.gov/agencies/whd/fmla/final-rule/faq

I’d go through your employe hand book. Make sure that when you call out it was how you were supposed to. Like so many hour ahead of time ect. If you can get a note from your drs stating XYZ than show the company.

You qualify for Medicaid card now if you are fired.

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I used it all at once so not sure about a day here and there.

Depends on which fmla you had…continuous or intermittent. They cant fire u for pregnancy they can fire you for other reasons.

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Did you have a medical reason to use intermittent fmla during your pregnancy or were you approved for fmla for your recovery/bonding time?
I live in Louisiana and had approved FMLA for my delivery and bonding, but it wasn’t intermittent that could be used during my pregnancy.
I had issues with SPD during my pregnancy, and working on my feet for an 8 hour shift became almost impossible some days, due to the pain. I had to get additional intermittent FMLA approved to cover the days DURING MY PREGNANCY I missed or had to leave early due to the pain…complete with medical confirmation from my doctor.
I am not sure what the laws that pertain to you are, but I know that in my state and with my employer, the FMLA I was approved for to deliver and bond with my baby was completely separate from the intermittent FMLA I was approved for to cover my medical condition that impeded my ability to work while I was pregnant. They were filed separately, approved separately, and covered completely different things.

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California nope. Legal protected

Depending on state…most of the time to take fmla you have to have a doctor fill out the paperwork. Thats how I got mine. But in some states it’s legal to fire you and they use missing to many days as an excuse to lay you off. Instead of saying because you’re pregnant

If youre in a right to work/ fire at will like Tennessee is… Cant really do anything.

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Unemployment tho I thought you had to be looking for employment to recieve so 7 months in and medical issues it may not be worth that hassle. But I’d defintely look to some Medicaid if possible so you and baby get the care you continue to need.

They can’t fire you for attendance if it is intermediate fmla you’ve been using. Also, if it wasn’t you could try filing for it now and backdate it to the 1st day you missed? I’m not sure if you’re allowed to if you’ve already been terminated. They can still fire you for other things other than attendance though. If you feel like there’s some type of discrimination and all your paperwork checks out I’d look into attorneys, there’s such thing as pregnancy discrimination and you could have a case. In the mean time you SHOULD qualify for medicaid now. It’s backdated 3 months from the day you apply, also apply for unemployment and food stamps.

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Having FMLA protects your job. When an employee calls out they’re not even allowed to question you about it. You just imform them that you’re using your FMLA and they can’t deny it or question it. I had it for a year once.

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Did you communicate with your manger re: feeling unwell during pregnancy? What was the reason they gave you to terminate your employment?

This stuff is painful to hear. Sorry you’re going through this. Xx

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Contact a lawyer regarding this, they will tell you right away if there’s anything you can do about it.

If your in australia call fair trade

She’s right about the FMLA, but at this point in your pregnancy u qualify for insurance get with your local office & apply

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& for some food stamps

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Dept of Labor will fight to protect you.

Did they state attendance as the reason for termination? If so, call the department of labor and file a wrongful termination claim. If they stated another reason for termination, what was it?

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Sorry. I live in South Africa. We have the Basic Employment Act that ensures we have annual leave, study leave and sick leave. We also have paid maternity leave. I was in hospital for three months of my pregnancy and it was fully paid. I feel so sad that women in your country have to go through this. Is there no labor law that can protect you?

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Follow up with the job commission’s US department of Labor and report your employer and discuss your rights. Consult an attorney as well. In the meantime file for unemployment , WIC, food stamps.

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In my state they don’t even have to give a reason to fire someone :woman_shrugging:t3:

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Depends on why they fired you?

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They can fire you with fmla. I experienced this also. I contacted a lawyer and yes they can.

Get you a lawyer and see what they say

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Where I live , Europe, they cannot fire you when pregnant or 3 months after birth

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Unemployment compensation. If they deny it, appeal with a legal aid attorney

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Unless you have a serious condition FMLA does not cover you if you keep calling in just because you don’t feel well. Your illness would have to fall under a serious medical condition (pregnancy doesn’t always fall under serious medical condition) and you would need a doctors signature stating your illness is serious. At will employers can fire you over anything. You being fired also should qualify you for medical assistance and stuff like WIC.

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Some states can fire you for no reason
At Will

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My coworker had this happen at a prior job she sued and won. They’ll favor you since you are on fmla and they are not accommodating you

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Depends on how many weeks you were out. After 12 weeks, they can fire you

You would most likely still qualify for unemployment. Contact your state’s department of employment security regarding unemployment. Contact and file a complaint with the equal employment opportunity commission regarding pregnancy discrimination. Pregnancy Discrimination | U.S. Equal Employment Opportunity Commission
Contact a lawyer too.

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Some states they don’t have to have a reason to fire you. They can do it at their own will. I would check into the laws regarding termination in your state. Or you can chuck it in the fuck it bucket and find other employment. EVERYWHERE is hiring these days. Shouldn’t be too hard to find another job, even with being pregnant. Might not be what you want to be doing at the moment , but it would be something to get by with.

If it’s a fire at will state then they don’t need a reason. Pregnancy doesn’t exempt you from being fired and I don’t think that’s how fmla is used if it was like your on bed rest and can’t come in period then it would cover you for a period of time but it doesn’t just cover you calling out whenever.
Also if your unemployed your broke and you certainly qualify for Pregnancy medicaid through the health department as well as wic and because your newly unemployed food stamps for 3 months at least :wink:

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You should definitely qualify for medical insurance and possible food stamps and unemployment. Call and find out for sure. I always thought i didn’t qualify but i did. I even continued to get medical insurance with my work insurance (my work ins. sucked, practically useless).

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Depends on the laws within the state. Like where I’m at? It’s a right to fire state so even if pregnant you can get fired. But if you’re calling out of shifts, you’re unreliable to them so yes they can go that route. I know I had a few ladies that worked with us, and they did get fired for the same reasons. For calling out and yes with fmla. But one tried to sue and they did lose. I would honestly apply for health insurance and food stamps through the state and see what else you can do. I am sorry though and I hope you feel better:)!

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Yes it’s legal. What’s their reasoning?

As a single mother that was unemployed, I was unashamed to use every available resource I could find. EBT (food stamps), WIC, Medicaid (good insurance in Alabama 10 years ago), churches, food banks, etc. I was blessed to be in a state that cared for the poor. It is amazing what resources are out there, you just don’t know until you start asking. I also got our clothes at the cool Thrift Store. Everything looked nice, I got 100 percent cotton clothing and everyone was happy ! We never went without. Now, I’m in the process of starting over once again at age 50 and will be using local resources, once again :blush: :clap:

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Yes, companies can fire an employee who’s on intermittent FMLA leave. Despite the fears of many employers, FMLA doesn’t confer some kind of special dispensation for workers who exercise their leave rights.

Obviously, workers can’t be fired for taking leave. But employers can lay off, discipline and terminate those employees who violate company policies or perform poorly.

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Did you file the proper FMLA paperwork? If so, it is illegal! (This happened to me) apply for unemployment, they will help you with assistance (atleast in Florida they did) you can file FMLA when pregnant also, you just have to follow the FMLA rules. If you did that and they fired you, contact an attorney.

I don’t think so. Google that and call a lawyer asap. I really don’t think they can. Unless something else happened

You’re no longer employed. You qualify for a medical card.

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Medicaid is open to everyone through the pandemic and especially with you being pregnant you’ll qualify

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Depends on the state you live in…right to work states can let you go without having to say why or come up with a reason such as “reorganizing” or “elimination of position”…

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You lost your job… you now qualify for Medicaid.

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Yes I believe they can. If you really want you can contact a lawyer and they can tell you right away if there is anything they can do. If you are unemployed and pregnant you should qualify for state insurance, you have to call them.

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Apply for pregnancy Medicaid.

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FMLA isn’t sick days. Its a leave you take like after you have the baby. It basically protects your job. Not sure what state you are in but in Texas its a free will state so they can fire you for anything. If you are no longer employed you would qualify for Pregnancy Medicaid.

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“Call in FMLA days” “that’s not how the is works”
It sounds like you just assumed you qualified (most jobs you have to be there a year) and could get FMLA without actually filling out the paperwork and getting it approved. If that’s the case, HR lady is correct, that’s now how that works. It doesn’t sound like they fired you for being pregnant —more like because you were calling in all the time and trying to misuse FMLA. Pregnancy isn’t a get out of jail free card that allows you to do whatever you want and just expect the employer to smile and nod.

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That’s illegal as shit, as long as you reported your missing time to the fmla department (if an outside source handles it), you have doctors documentation and you haven’t exhausted the fmla hours (which is usually a pretty high amount depending on the situation), than they are committing fmla violations and that is illegal.

If it’s abused, you sure can.

Apply for Medicaid. Call your local welfare office and check into WIC too.

Look into cobra…I was 36 weeks pregnant & got fired and cobra saved me having to pay out of pocket for everything!

Yes. I literally had that happen to me in 2018. It’s unfortunately legal and just shitty. Get on unemployment asap until you find something else. I’d look into if your state offers Snap Wic and medical insurance. It’s worth checking now that you technically have no income. I hope you have good luck finding emergency services until you find another job. You can always apply for maternity leave through your state to help hold you over. It’s worth checking all options. I live in N.Y. and we have all of those services available to anyone who needs it and qualify!

That’s Illegal! That’s The Whole Point Of FMLA So It Can’t Be Held Against U! Sue They Ass

Yes. And usually FMLA has to be put in for, you can’t call in and say “I need to use an FMLA day”.
You weren’t fired in regards to your pregnancy. You’re fired because of your attendance

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Pregnancy doesn’t exempt you from termination.

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That isn’t how the FMLA works though you can’t just call in cuz your not feeling well and not expect either a write up or to be let go.

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You will win an unemployment hearing, for sure. And I would call a lawyer. (16 years mgmt)

Know your rights folks because if you don’t, your employer will abuse you or even fire you for using something that was promised to you during the hiring process. You know, those benefits and perks, FMLA and short term disability that your employer was eager to tell you about but once you needed it they decide you are expendable. Don’t let them bait you with promises they are NOT going to keep. You have rights and fmla violations are a huge no no.

I would contact somebody about this. That’s kinda discrimination. Not real sure.

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If your off your work sick while pregnant, and the sickness is in relation to your pregnancy, you cannot be sacked. Your protected against discrimination while pregnant. I would defo seek legal advice and take it to a tribunal. Pregnancy related sickness should be recorded separate from normal sickness and should not affect your absence!

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0300 322 9422

Maternity action group

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You do qualify for medicaid if your pregnant

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Depending on what state your in. You automatically get state insurance if your pregnant.

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FMLA is not a day by day protection, those would be covered by normal PTO. FMLA is for when a person has to take a stretch of time off for things like giving birth, taking care of a severely sick relative, cancer treatments etc. They did nothing wrong.

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How long have you worked there? Most places you have to work at for a certain amount of time to use fmla. You also only get 12 weeks so if you’ve already used that you’re not covered. Also some employers have a fmla reporting timeline policy. I had to give at least 30 days notice to use fmla for pregnancy.

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There is also intermittent FMLA for disability cases. But the paperwork needs to be filled out before you take the days.

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Not only is that a violation of FMLA it is also a violation of the pregnancy act of 1978.

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Girl I got fired because my baby got transferred to Cincinnati children’s main campus and was in the PICU with a tube down his throat AND having seizures. These employers really don’t care about their employees pregnant or not and they wonder why they’re under staffed.

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You can still be terminated if you are on an FMLA protected leave. The termination reason would have to be something not related to your pregnancy protected class (ie job elimination, gross misconduct etc)

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Get a lawyer it sounds like you have a case

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Help a mama out and respond anonymously on our forum. My job fired my and I'm pregnant, can they do that?

In the UK if this was to happen to someone they could take their employer to court for unfair dismissal. Employers in the UK can’t fire people for reasons related to pregnancy or illness. They can fire for absence but they would have had to go through an absence monitoring procedure first. And if absence is due to pregnancy or long term illness they can’t fire people. I don’t know if the laws are similar in the US but I would definitely look into what your rights are.

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You can be fired while pregnant, just not for being pregnant. Sounds like you have been fired as a result of all the time off, while it’s linked to pregnancy you weren’t let go due to being pregnant so completely legal.

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You can be fired aslong as there not firing you because your pregnant if it’s for a legitimate reason then they can do so depends why you’ve been fired

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This is the issue of having health insurance as part of a salary package. Should have your own so it doesn’t matter if you get fired

Don’t you have to get warnings before being let go?

Have you had warnings etc pteviously

Help a mama out and respond anonymously on our forum. My job fired my and I'm pregnant, can they do that?

Fmla is to be used when you are out of work. If you were not out on a fmla leave then yes. They have every right to terminate you for whatever. If you were out on leave then, no. They are in the wrong and you need an attorney.

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FMLA is job protected unpaid leave. It’s not something you can use to just call in days off. Not really sure what that’s about. You can only use it if you have had the proper documentation signed by your OB and submitted by your employer.

If your paperwork wasn’t just right they can definitely fire you for unexcused absence if you didn’t get doctor’s notes. I have FMLA and I still needed doctor’s notes to get out of work due to pregnancy complications causing me to go to the hospital on work days, because FMLA isn’t like a sick leave pot.

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As long as your FMLA paperwork was filled out for pregnancy/complications they legally can not fire you.

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In the uk pregnant women cannot be fired or treated unfairly by the workplace. Because pregnancy is classed as a condition, the workplace cannot write you up for calling in sick especially if you have problems related to that pregnancy

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File for unemployment, under “wrongful termination”. They will investigate and if they did something illegal, and you are eligible, you can receive $ through them. Also, if they are found in the wrong you may be able to take them to civil court. Now, you need to stay as calm as possible…for you and the baby. Apply for Medicaid, Food Stamps, and WIC if you cannot financially care for yourself.

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