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

Go to your local DHHR and apply for a medical card anyway. I had one with both of my pregnancies, even when I was working. They’re very lenient when it comes to pregnant women and babies.


I had intermittent FMLA when my husband had cancer. I got that because there were days he would get really sick and i had to stay home and take care of him plus it covered me for being off to take him to all his appointments. They couldn’t legally fire me even though i live in a state where they can fire you for anything because I was covered under FMLA


Wow, im really sorry this happened to you. I thought FMLA was to prevent that as long as the Job did not feel it would interfere with your work responsibilities. :thinking: if your not working you should be able to file unemployment and go to social services to get help with medical stuff.


You may want to get in touch with an employment attorney. They would be able to tell you what’s legal and what’s not.
Best of luck.


Call a lawyer for a free consultation depending on your state. I was let go a week before I was supposed to return back from my maternity leave with no warning and it went under unlawful termination and I ended up winning.


I had Fmla when I was pregnant and my doctor stated that I could take up to two days a week off or leave early if I’m not feeling well or fatigued. You absolutely CAN call off Fmla. I’ve had Fmla with both of my children and with the same job I’m still at.
I would recommend getting a copy of your Fmla paperwork that your doctor filled out and read what they stated you could use your Fmla for.


If you had FMLA paperwork done by your doc with “intermittent” leave and the days you took did not exceed what HR approved (what your doc wrote) AND the company has more than 50 employees (smaller does not have to follow FMLA), then you may have a case.

I was terminated less than a month after a traumatic birth with significant complications because I missed a “required” meeting. The company had less than 50 employees so I had no recourse.

Edited for a typo


This is from our official goverment website


Fmla is a federal program. It is not state specific. The states have to follow Fmla guidelines to a minimum. They can be more generous but not less. If you were fired based on attendance and your doctor and yourself has filed a intermittent Fmla document and it was accepted by your employer, then you need a lawyer.


You have to a) be there a year. B ) work a minimum of 1250 hours in the last year, and c) have over 50 employees just to qualify.

Pregnancy and complications is a covered reason for FMLA, however, you have to meet the previous 3 requirements, provide paperwork to your company before your leave or as soon as possible after your first missed day, and have it approved.

If that’s all occurred, you are allowed to miss 12 weeks in a year, if you exceed that, the job is in its right to let you go.

If you didn’t get paperwork in and approved you can’t just claim FMLA.


Some states are right to fire states meaning they dont even have to have a legitimate reason to fire you. Depends where you live. SC is a right to fire state. FMLA is tricky and if you don’t follow their guidelines specifically yeah they can let you go. And every state has had pregnancy Medicaid since 1989. And all people under federal poverty line and pregnant automatically qualify for pregnancy Medicaid. You are unemployed now means you are below that line. Get a termination letter from the job call and ask for one if they didn’t give you one and take it up to the Medicaid office with a new application. They have to approve you with no job. Most obgyn clinics should have a social worker or some sort of person that specifically handles this for the office. If you make an appointment with that clinic they can do that with your first appointment and handle it for you and they will continue to see you while it processes. They will also help you sign up for the wic and everything too good luck. Dont let them tell you you dont quality if you are unemployed and pregnant you absolutely do.


Prayers that you win a case or your job back. It may be legal but that doesn’t make it ethical. I would also go to your local Adult and Family Services to apply for free health plan and assistance. :pray::pray::pray::heart:


Any employer can fire you for any reason. If your paperwork was filed specifically for the pregnancy and not just for the birth and afterwards then it is illegal for them to fire you and even ask you a reason if you call off regarding FMLA. There may be some loopholes in some states but seek legal advice, file for unemployment and emergency medical assistance etc.


When I was pregnant with my son my job fired me because apparently I had to pee too much


When u call in, u specifically have to say you are using fmla not “im calling out for the day”


I had intermittent fmla for my previous employer. When I had an issue related to fmla, I called out sick referencing an fmla absence. As long as I had the hours left in my fmla balance, I was covered. Intermittent fmla is different than a continuous leave fmla. As long as you had enough time left and the right paperwork filled out, they can’t terminate you for that reason. You should qualify for unemployment granted those conditions were met. However, they can use other reasons to terminate you, especially if you’re in an at will state.


As long as your doctor filled out paperwork and you called in fmla dir to issue with said fmla…they can’t fire you that’s discrimination and you can go for unemployment you can also file discrimination charges with unemployment against your employer…it happened to me and I won my case…just make sure you have your documents in case your former employer tries to deny you for unemployment…and because you’re pregnant and lost your job I believe you can get medicaid because you’re pregnant…not sure what state your in but definitely look into it :wink:


Im pretty sure FMLA has to be approved before hand.


You have to get a doctors note to start the process of FMLA. And keep in contact with work and FMLA.

It doesn’t pay out. It protects you once it has been processed. And some companies only allow 6-12 weeks of coverage TOTAL of FMLA. After that time I believe they can fire you.


Depends on what your fmla is. Example of yours is for a child who has issues. Your fmla only works for that specific reason. At will states can still fire you however. Unemployment. And if you lost your job you should be able to get state insurance especially if your pregnant


Its actually against the law to fire a pregnant woman google it


I’m pretty sure this is discrimination. They can’t fire you because you’re pregnant, regardless of if they say it’s because of FMLA… you were using it because you’re pregnant. Pregnancy is covered under the Americans with disabilities act and it’s protected from discrimination. Get a lawyer… ASAP. And sue the hell out of them.


Also if it helps, I am too pregnant and I suffer quite bad with morning sickness to the point where I am fine for a few days then it comes back and knocks me for days. I have been having to ring in sick in my workplace due to this, my manager cannot write me up on this as its classed as a pregnancy related illness

1 Like

Depending on which state you work in… If you work in an at-will work state they don’t have to give you a reason to fire you… But it does look like you were abusing the FMLA policy in general


I mean… they can’t fire you for being pregnant because that’d be considered a form of discrimination… I’d call and ask WHY they fired you. That being said, no one is legally obligated to keep you employed just because you’re pregnant.


Fmla is usually for when u go out on leave due to w.e… but being sick or so u should be using sick days or just I don’t feel good… I went thru similar… super sick in the begg. I was legit puking in the sink at work and they gave shit … I work at stop and shop and it was a nightmare but I also went on maternity leave a month earlier than I wanted because of the stress …

It was probably the standard 90 day leave once you have your child. Normally they don’t allow you to take days off when you need, unless it’s intermittent FMLA. I’ve never heard of many major corporations allowing intermittent leave though. I worked everyday until I had my son. :grin:


You can take intermittent Fmla. As long as your docs were filled out by your doctor. I would contact the labor board for clarification.


That’s so crazy to me that there actually employers out there with no lick of empathy or understanding. I worked my entire pregnancy with my 2nd child. Was only there for bout 6 mths & my doctor handed me a form to go ahead & take leave a mth before I was due. My job was very physical & it was killing me. My boss had no problem with it at all. Had complications through my pregnancy & had a very traumatic birth that left my son in the NICU for nearly 3 mths afterwards. Had no choice but to put in my notice at that point because my focus had to be on my baby entirely. Left there on good terms with eligibility for rehire. I’m so sorry you’re going through this. Prayers up. :pray:t3:

It depends on what state the OP resides in. NYS doesn’t protect you during pregnancy. It is used only once the child is born. #knowyourstate

1 Like

FMLA, 99% of employers require you be employed there at least one year before you are eligible for FMLA, after that you have to contact HR to initiate the FMLA process, you have parts of the paperwork to complete, and your doctor has parts he has to complete, once completed, then you submit to HR for them to process and approve or deny, like others have said it not automatic like sick leave it has to be in place and you doctor has to detail out why you need FMLA and the duration, the 12 weeks can be broken up but your doctor has to be detailed

1 Like

No that is how it works FMLA protects you from loosing your job for a year.
As long as the times you called in, left etc. Was for the reasons stated on FMLA you need to seek an attorneys advice on this . I hope you have a copy of your FMLA approved packet and what days and what you called in left early came in late etc.amd your FMLA paperwork from the doctor.


I’m in Oklahoma and they don’t have to give a single reason as to why they fired you. From my understanding you have to be on an actual leave for Fmla and it has to be approved and what not. From the way this is worded it sounds like there’s miscommunication and that op didnt understand how to use fmla maybe? Either way, I’m so sorry this happened and now you have to worry☹️


FMLA doesn’t work by calling in your have to apply and be granted and then not come to work you can’t just call in and claim FMLA unless it is an emergency then there’s is still the entire process of actually getting it

1 Like

When I was pregnant with my first child I have physicians mutual insurance and all I did was ask if my plan covered maternity care and they dropped me like a hot potato

Try filing again for a medical card… no employment and pregnant should be enough to get it. Sorry I do not have advice for the job part.

First, it is not illegal to fire a pregnant woman! If HR told you “that’s not how it works” you probably did not follow the guidelines. It needed to be specifically written out by your OB & depending on the company size & their policies for FMLA what they are required to follow. Even with the medical documentation in place they have the right to fire you if you are not able to complete your required tasks for your job in a timely manner. They just could not fire you for absences proven to be for medical use. As far as Medical insurance, not sure what state you are located in but most have coverage for pregnant woman & babies available especially being unemployed. I recommend filing for any & all assistance your state has available to you.

Get an attorney ASAP! I had FMLA and my old work place fired me. I hired an attorney. You can get a settlement if you’re entitled!

1 Like

My understanding, and I could be wrong, but once insurance is aware of a pregnancy they are to continue covering care JUST REGARDING the pregnancy. Unfortunately, that is NOT how FMLA works. FMLA is meant as a consecutive leave to be taken when framed medically appropriate. Meaning, either you need bed rest before baby comes, or baby came. I almost lost my job while pregnant due to complications with the pregnancy but my doctor was able to write up the appropriate documentation to allow me to go on leave prior to the birth of my child.

You don’t have fmla “days” it is usually not longt than 12 weeks time that you will be out. It’s consecutive, not daily. But I hate this happened to you.

If you feel it was discrimination lawyer up!

1 Like

FMLA isn’t something you can call out on random days for. FMLA is a leave of absence for a prolonged time. So if you still went to work sometimes you were not on FMLA you were just calling in sick. You have to file for it, get doctor and HR approval to even start the process of FMLA.
So unless those things happened they’re in the right, legally. Morally they’re being horrible.

EEOC should be able to help you. FMLA is 12 weeks, I think. The paperwork is a technicality for the time people get. If it is an emergency, people may have to do the paperwork retroactively. Idk why that would be a problem.

I believe fmla is for when you’re actually out on leave. That’s what I took when I went on my maternity leave in may. Like if you took off for a week and used fmla which you still have to put in for it and you have to get approved for it… That’s how it works at my job… then no they can’t fire you but if u call in normal then yes they can… where I work you can call in if u don’t have daycare or are pregnant and aren’t feeling well do to pregnancy symptoms. You won’t get a call in point but obviously don’t get paid for the day u call in unless u have ppto or are on actual leave

Id speak to a wrongful termination firm.and see what exactly your legal rights and if you can sue? sue em for everything! Till then here in california there are so many resources to give medical care to mommies.

If you have established fmla you can call off for a day or two at a time. However…if it adds up to more than your fmla covers, or your paperwork doesn’t specifically spell out that you may need non consecutive days in a row, or even one blank wasn’t filled in, they can deny it.

Also, fmla is not guaranteed…it must be approved

My job tried to fire me over missing two days but I had excused absences, and then the doctor made me drop hours and they tried to fire me over that well I went to the DON but it took a few days to get back with me but before she did I was working on filing with the EEOC I actually talked to someone and they said them firing you over pregnancy things was illegal asf and you can take them to court and sue because it’s considered discrimination , let’s just say I didn’t get fired :woman_shrugging:t2: talk to someone that works for the EEOC and see where yours goes but my work was trying to tell me that my excused absences didn’t count and that a absence was absence but idk how I was suppose to come to work from a hospital bed :woman_shrugging:t2: and I also had the excuse doctors orders about her cutting back my hours and they told me if I couldn’t work what I was hired for I was gonna be fired, still trying to decide if I want to pursue with it or just let it go because they put me through so much

Nope that’s discrimination. You need to file with your local EEOC

Thats illegal. The job can’t fire for just being pregnant. Get a lawyer.

From experience, push you point. You’ll only regret what you didn’t do. Good luck

1 Like

They shld pay you redudencey pay surely does depend on how long u have been working for them though

At will employees can be terminated for almost any reason. But the fact that you are expecting means you can claim state disability and they could use that to say your pregnancy restricted your ability to perform the required duties of your job. I don’t think they can terminate you just for being pregnant unless they say you were not able to perform the required job. It all depends on what company policies are and if they gave you no reason. Maybe you should ask for limited duty if they offer that. Did they not give you a reason??

I had to start dyslisis for kidney failure when I was a toddler lead teacher with my own classroom. I had to miss several weeks/ month or so right off the bat when I was hospitalized, starting treatment and had surgery. I used my fmla for all of that and when I returned to work the hr told me any time I missed due to my illness or appointments because of my condition was fmla. They never let me use my sudden disability coverage through My insurance through them though. Trust me employers will try and get away with things they are not aloud because they assume you don’t know any better. My boss even told all the other teachers why I was gone and that’s against the law also.
They did soon thereafter demote me to an assistant saying that my illness prevented me from bring completely reliable and consistent in the classroom… and decided to keep me in my SAME room and hire a NEW lead who I had to train and pretty much still be in charge, but I had to take a 4$ pay cut while I still completed all the same work and had to conduct all the children’s assetments and confrences because the new person was…new. screwed me over just took my title away and same work load for less money!! Sorry rant over but yes go seek outside help screw them

Not sure how fmla works but in my state you will automatically qualify for gov insurance when you are pregnant up til your 6 weeks pp and up until baby is 3 years old. I would maybeeee try to collect unemployment but usually they can say yes or no because you have to “be able to work” yet. Sorry that happened to you! My job did the same because I was put a on weight restriction, was with them for 2 years and wasn’t able to collect anything. It sucked and it’s just hurtful. I hope things work out for you!:white_heart:

Now that you don’t have a job you do qualify for state insurance for pregnant women.

What does she mean she knows you have FMLA but that’s not how it works?

That’s discrimination and I believe it’s against the law

Depends on the state. In the state of MI its an at will state. They can fire you for any reason at any time.

You can look up your fmla state requirements and regulations.

California it’s not legal for them to do that

Is your employer an “at Will” employer? That might a problem if they are

It’s my understanding fmla is for extended use not a day here and a day there?

Fmla is great,but thers is also a limit to not exceed.i would look into a lawyer tho!

Apply for everything while you are unemployed. Get the help you need and all of it!


It had to be filled as intermittent fmla if it wasn’t they can fire you

I was too they can do it I was so sick used all vacation days so then I was out a job

Now that you are jobless you do qualify for Medicaid. And no your job cannot do that. Just talk to them. Communication is key.

Your doctor has to put you on fmla or ask your job to put you on it thats not something that you use to just call in


Depends on what state your in…

Say you are overly stressed and file workers comp

If its an “at will company” which most are where I live they can fire you for pretty much any reason. It also depends on how the FMLA was written by your doctor, what your reason was when calling in. Also FMLA is NOT unlimited you can run out if you called in too many days you likely ran out and they let you go. I’ve had 4 kids all while working.

It is NOT illegal to fire a pregnant woman it’s only illegal to discriminate against one.

1 Like

1st thing my hr lady told me was when calling out due to pregnancy issues, is to state that it was due to pregnancy issues otherwise it can be a valid reason to fire me for calling out.

1 Like

Most jobs claim to not discriminate, but they do

It depends. You probably had Intermittent FMLA which will allow you off of work for a certain amount of time and days a month. If you went over that time or did not call the company handling your claim to let them know when you were using it and for how long or if you didn’t call at all to sign up for FMLA, then yes, they have a right to fire you. I have several employees who have this and so I’m pretty familiar with it.

Depends really. There is paperwork that your Dr has to sign. It’s not just for calling out whenever you don’t feel well

My husband has FMLA with his work because of me. It depends on what type of FMLA you had. His states intermittent, meaning it’s not consecutive days in a row. He can take a day this week and claim FMLA, and claim 2 days next week if need be and claim FMLA. I have RRMS, and have times I need care, hence the intermittent FMLA contact my Dr filled out

Fmla is only approved from a doctor. Rarely a manager.

And it’s not random days that you want to take off.

1 Like

Are you in the US?? If so apply for Medicaid now!! It’ll take a few weeks but every pregnant woman can recieve it.

Usually fmla has a set number of days you are allowed to be off each month if need be, that’s how mine was anyway. So unless you went iver those set days I don’t see how they can fire you.

If you were let go from your job first thing you need to do is go to your unemployment and file, you lost your job so you do qualify for state assistance, and WIC. You need to take whatever assistance you can to give yourself a step up while you’re pregnant and post delivery until you find another job. FMLA is different in every state and you have to have a doctor fill out the proper paperwork.

1 Like

Florida is a right to work state, depends where they are.

Depends on the state your in too

Cobra… that’s for you to continue to pay & use your current insurance

If your job is at will employment in California they can. I would call the company hr if they have one specifically corporate and request a official file of you being fired and then try to file unemployment for now.

There’s a lot of factors that go into this… it seems that H.R was aware you had fmla. . which means it seems like you were approved for it based in your status… however, you really need to looking into what your FMLA for that company is… they could have gotten you on technicalities with in the contract… Ex- the company I had worked stated you had to have atleast 8 hrs of pto in your account at all time. You have to make sure you say fmla leave. Your are only allowed a certain amount of days/per week per/month per/year -per your Dr.s notes.
If your feel more comfortable you can message me. I have seen a few people go through this and they have won.

1 Like

You are pregnant you qualify for emergency medicaid.

Yes you have to have a doctor note and completed paperwork.

Um, get a lawyer. (No, I’m not the run out and Sue type)

Same mama! Get you a lawyer, because I did!

IT is illegal and against the law to fire you for pregnancy. If you ron FMLA and your justifed they can not do that. They do not have to hold you job but have to find someting suitable for you especially if your job is one that needs someone there everyday. I woudl call an labor and employment Lawyere (Wrongful Termination Lawyer)


If it was ONLY BECAUSE you were pregnant and no other reason then no they had no right to fire you for that if it was for more than that then yes they had every right to fire you. Calling out so much makes it sound like (from a employers POV) that you are more hassle and trouble than you’re worth, they’re trying to make money at the end of the day and calling out is also costing them so to replace you with someone else is easier for them than to accommodate you.

For all the ones saying that’s not how it works…why did they give her FMLA but she was able to come in to work?!

If you are not performing the job you were hired to do… You gotta go. Pregnant or not. Quit trying to blame your pregnancy for your poor performance.

I have to do intermittent FMLA with my daughter. She is autistic and has routine/regular visits with her doctor and therapists so each time I have to miss work for an appointment for her, it goes under the intermittent FMLA. I am required to bring back a note from the doctor stating she had an appt and that I was there at the appt. I have to renew the intermittent FMLA every 12 months.

They are not to mention your FMLA To you at all. That is federally protected. They could fire you for anything else but as soon as she mentioned your FMLA she’s in trouble.

Yes they can fire you if you are abusing time, are unable to perform duties on a long term basis or have a negative attitude over a long period of time. What is the rest of the story?

Yes they can let you go if you’re in at “at will” state…

Go get the contract you signed from HR & the policy from date you were hired- not the current one. If in a Union, go to them. If you are of color- contact the UCLA (they don’t help whites)

You being pregnant does not stop u from being fired and FMLA has to have a doctor to back you.

Oh yes, call an attorney that works on contingency (they don’t get paid unless you get paid, then they take a prearranged percentage"