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

Local Wage and labor office asap to file fmla complaint.

You may be able to do it online!! Illegal

No, they can’t do that!! Get a damn lawyer.

Was ur Fmla already approved under the pregnancy issues

Sounds like Walgreens

No they can’t do that get an attorney ASAP

Talk to you a lawyer

Check into Cobra Insurance Coverage.

Consult an attorney asap

Consult employment atty. It is against the law. PM me for details as I don’t want my situation public.

Well that’s highly illegal.

If your not working, you can get a medicaid and food EBT card. Apply now.

Wow! In the uk that’s against the law! It’s considered discrimination!!

Talk to an attorney.

Us fmla is a joke. Good luck, mama :purple_heart:

What I uyc gxzgzfydf(kkkkkkkk(o(OOL

Not sure what your state is but Wisconsin I know is a at will hire State they can fire you at any time for whatever reason

This is 100% illegal in the UK!!!

She is asking for advice not ur snooty remarks,:joy:

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It helps to know your state ?

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Yes, you are allowed to do something. They basically fired you due to discrimination, I would call a lawyer for your state, a discriminatory lawyer and tell them what happen. They can get you payment for them firing you for being pregnant . The circle k I worked at fired me for being pregnant after I did everything that was asked, and my lawyers got everything taken care of, and I received compensation

You need advice from a lawyer, not from a random assortment of strangers in an online forum. Everyone’s situation is different, and you’ll want to talk with someone who can definitively answer your questions.

In the meantime, I encourage you to apply for Medicaid. Even if you wouldn’t otherwise qualify, it may be approved because of pregnancy. It won’t hurt to just try.

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

I watch a girl at work abuse FMLA. If she don’t want to do assigned task … FMLA. Having a bad day … FMLA. People tend to abuse it … Sounds like the company seen another side to the story, you probably f’d up somewhere and now they nailed you to the wall. They don’t care if you’re pregnant, they didn’t get you in that situation. I hate that excuse. “I’m pregnant”

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You need to look into your employee handbook and the specifics of your FMLA. That is often not how FMLA works, most of the time it is for a specific time frame (like absent for so many weeks). If it was just certain days here and there, your doctor would have had to word that carefully, otherwise you are expected to bring in a note from your doctor to excuse the missing days.

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FMLA can be used as intermittent leave only if it was stated as such by your doctor and filed as an intermittent leave type of FMLA. You can fight it if the doctor and paperwork stated it was intermittent and you submitted the proper documentation for each time you were absent, but otherwise it would unfortunately be a lawful termination if your state is an at will state.

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I’m curious if anyone who offered advice, used fmla while pregnant. I did and used it intermittently similar to you while pregnant. Protection depends on your state. Mine has ‘pregnancy leave’ that runs concurrently with fmla. When my morning sickness kicked my ass, I used it. But I was high risk so when I wasn’t feeling good I had to be extra careful. When you originally filed, you had to have signed up for it intermittently to get the intermittent protection. Also, I’d look into discrimination laws where you are because if they gave you no warning or discussion, then that could be discrimination. When I used fmla, my work kept strict eye on all my paperwork and made sure I was taken care of, you said they told you ‘that’s not how it works’ but did they ever explain EXACTLY how it worked? Apply for financial aid with the hospital you go to, usually they can figure something out.

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I have seen a situation where someone was taking chemo and used FMLA for the day of and day after (or however long it usually made them sick… this case was day of and day after) but it was always scheduled and the Dr made it clear with the paperwork she turned in and everything was fine. Like I said though it was always planned and scheduled so they always knew what 2 days she was not available because of the chemo so they just helped her work around it. It does suck but you really can’t expect a employer to just let you work on days you wake up and feel ok enough to work. I have had 3 pregnancies (4 kids) so I know it isn’t easy but it isn’t the employers place to “carry you” because you’re pregnant either.

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Honestly depends on your FMLA. If it was written out that you would miss so many days due to pregnancy and you hit that many days in one month then yes they can. Honestly it all depends on how your doctor worded the FMLA paperwork

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The first question is did you actually file the proper FMLA paperwork before hand or were you just calling in sick and saying you wanted it to be “FMLA”? If you didn’t file with proper medical documentation before-hand, which I suspect is the case, then your HR rep is right, that’s not how FMLA works so they canned you because you aren’t reliable and too many call outs which is perfectly within their rights in most states. Now if you have the paperwork filed, doctors notes, etc, then you may have legal recourse.

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Personally I’d be looking into your state’s laws about working and pregnancy. Where I’m from, firing/not hiring you because you’re pregnant is discrimination. You could technically fight it with your state union reports or could go to the BBB and file a complaint against said employers

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If your doctor completes the paperwork that says you could possibly miss a certain number of days due to symptoms of the pregnancy then yes, actually fmla can work like that. Some women have really bad symptoms for various reasons in their pregnancy and if you need the time off because you’re sick then yes it can be covered if the paperwork was completed to state as such.

The comments pointing to being sure the wrong paperwork was filed correctly is spot on. You are also not just allowed to use it as freely as you think; you’re required to give your employer as much ample notice as possible to try to minimize the impact of your absence on the business for example.

Look into getting a free consult with a local employment law attorney (you can look on Avvo.com and search employment law). Since this is a complicated HR legal topic, it’s best to consult someone that knows the laws specifically in your state and most will give you a 30 min phone call to discuss your specific situation.

They can if they think youre a risk to health and safety

Maryland is an at will state

Idk what state u live in but ga can terminate for any reason.

Fmla can be used intermittently, this doesn’t seem legal.

:point_up_2: What Sammi Porter said…plus, there is a maximum of one 90-day period per year.

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Companies and employers see people like this all of the time.
Pregnancy although hard, you can’t expect anyone to work around your Pregnancy.
Its your job to make it work.

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You’re not “unfireable” because you’re pregnant… it doesn’t sound like you used fmla the way it was intended to be used…

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To make the fmla work you need to have a certain amount of hours before you start taking it and a letter from your doctor. If you don’t have a job you qualify for medicaid for free and your baby too.

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You can get fired during pregnant absolutely. And FMLA doesn’t work as a “calling in an fmla day” unless your doctor specifically wrote you should have INTERMITTENT fmla days. Fmla isn’t automatically something you can just “call in” for.

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And when you file tell them they fired you due to taking time off due to health complications regarding pregnancy

Depending on the State. Florida is ABSOFUCKINLUTLEY a RIGHT TO WORK STATE.
YOUR EMPLOYER DOESN’T NEED A REASON

File for unemployment

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Depends on which FMLA you had! If it’s continuous & your taking day by day then your not using your FMLA right. Also depends on your state and if it’s an at will state so they can fire you for absolutely anything in this state. You have to have intermittent FMLA to do day by day. And most places require you to give them a notice before you can take your FMLA. Sounds to me you had continuous which requires doctors notes & so many days notice

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If you can prove that’s why they fired you no its illegal

I was fired when my job found out I was pregnant. It was with a title insurance company. They were getting ready to merge with another construction company. What made things worse was earlier in the week, before they new, I got a promotion. They found out from an outside source. I contacted an attorney and was told with me being in a no fault state they could make up any reason they wanted to fire me and it would be a waist of time trying to fight it. I’m sorry it happened to you

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I’m pretty sure that’s unfair dismissal. I would seek some legal advice as I’m sure they can’t do that.

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Your insurance is still valid for 30 days after termination because it’s already paid for so y6have insurance for 30 days then I would file unemployment and for any state assistance you can get I would also find out wich fmla you have qnd what the guiding are we are a hire and fire at will state as well in Kentucky I was a manager for subway in our local Hicksville USA and my owner fired me because I couldn’t no longer work 60 hours a week whike dealing with a cancer diagnosis and they wouldn’t do crap to him even denied me unemployment so yeah embers do not give a shit about their employees

It really depends.
First. What does your paperwork say? My husband had FMLA for our oldest son. The doctor who originally filled it out cited it for 30 minute appointments.
The doctor’s office was 1 hour away from where we lived. The waiting room time alone was 20-30 minutes.
It didn’t cover any other appointments for any of the other doctors that he had to see that were even farther away.
So when husband would cite an absence as FMLA but took 3 hours or more off…it didn’t apply.
We had to resubmit the paperwork correctly worded in order to apply.

Second. What was the cited reason for your termination? Was it missing work? Or something else? FMLA only protects you from missing work it doesn’t protect you from anything else. And even in that some places do have policies regarding FMLA like you still have to fill out paperwork each time, you can only miss for the time periods and reasons cited on FMLA paperwork…

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I was fired while pregnant in January 2020. I’m in Ontario Canada, I called our Labour board, they investigated and deemed it fair and I got nothing and perfectly legal :rage::face_with_symbols_over_mouth:

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They didn’t fire you because you were pregnant , they fired you because you called in to much… yes an employer can fire someone for that… pregnant or not… Nothing you can do hun.

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The FMLA time has to be filled out by your Dr. I believe. I don’t think you can just call in and cite FMLA

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If you live in Ohio. Its a at will state. It doesn’t matter and they don’t have to give a reason. They can fire anyone for anything

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No they cannot fire you since you have fmla. The fmla protects your job no matter how many times u call off . I had one before . That’s how it works . Nothing they can do about it

Idk what state you you’re in but I know in Texas it’s against the law to fire a pregnant lady

That is not how Fmla works and basically you were just taking random days off . Fmla has to be filled out by your dr with a approximate date that you will be leaving and a date you will be going back

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If you work for an “at will” employer which most people do…they can fire you for any reason & no reason at all. Read your employee handbook.

You have to request the time and submit proper paperwork you cant just decide im gonna call in today because you dont feel good and think you will be covered

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There is too much info missing to give an accurate answer as to whether it’s legal or not. How much time you had already taken off, what the doctor wrote on your leave form, how long you had been employed, etc.

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I’m in NC and they don’t have to give a reason just fire you.
As for insurance I know the medicade amounts you are allowed to make where raised, you could apply. Also in NC if you had insurance thru work they have to give you the option to purchase the insurance for 90 days after dismissal to give you time to apply for insurance.
If you are in the US go to the WIC office and apply for WIC and see if they can help you apply for medicade.
Also many areas have pregnancy research centers that’s another place to check with.

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I think there’s a bit of a miss understanding about what FMLA is. FMLA is being able to take an extended time off, up to 12 weeks without losing your job. So once for baby is born, you can stay home for up to 12 weeks,
It is unpaid leave. You will have to have worked for a employer that qualifies under this act, as well as having 1250 hrs worked hours build up.
FMLA isn’t for a day off here and there, cause you’re not feeling good. That’s gonna have to be your PTO or sick leave.
I’m guessing your employer was in it’s full right to fire you. Sorry

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Thats a bloody heartless thing they done. Not sure but try citizens advise. God love you.

Some states are at will employers and can fire you for any reason, PA is one too just in case that’s your state. FMLA protects you for family medical leave for consistent time off up to 12 weeks. For example they may say you need 6 weeks off to recover and then if you want more you need to cite the reason with the doctor and submit to HR. An example would be breastfeeding and bonding, but it has to come from the doctor which usually they will provide. Unless you have proof that they specifically let you go because of your pregnancy and not for frequent call offs, unfortunately you can’t fight it as discrimination. If they did somehow state pregnancy is the reason, then you have a case, but again you’d need doctor notes to back your call offs.

I would honestly meet with a lawyer. Most have a free consultation. My understanding has always been that you can’t be fired for being pregnant, and I’m sure they could make a case that you were fired for being pregnant since you have had to take days off for complications. Lawyer up!

Well you shouldn’t of kept calling in. That’s for any type of employment too cause in their eyes they can’t rely on you in the end. They didn’t fire you because of your pregnancy especially if you’re 7 months pregnant and they’ve known they would’ve fired you way before trust me if it was cause of your pregnancy they fired you cause you’re unreliable at your job. And if you’re not working I bet you can go apply for Medicaid or whatever it’s called cause u got zero income so.

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If you where fired your now unemployed and pregnant, you will 100% get health insurance.

I was on FMLA and short term disability with my last daughter (couldn’t work the ENTIRE pregnancy). The FMLA covered my maternity leave, the disability covered the time off during pregnancy. Once the FMLA went into effect, I was not getting paid. I had to have my dr fill out the FMLA with dates I’ll be out, and return it to my employer. It isn’t something you can use here and there…

Apply for medicaid asap

Did you have intermittent fmla? I currently have that for my pregnancy for when I have doctor appointments or I’m feeling unwell.

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It’s against the law

Apply for your local Healthy Start program ASAP. Your current insurance still covers you for a month I believe.

My hubby did this when I had a stroke because I’m a stay at home mom, my doctor had to fill out paper work , it was for up to 10 weeks and once he went to work it stopped , you cant just take random days off and he didnt get the pay for a while

Apply for state insurance it’ll most likely kick in asap because your pregnant and have no employment. You can collect unemployment also

No job and pregnant your deff now eligeble for state insurance and that’s not how fmla works. Fmla is a extended period of time off with a doc involves that has a approximate return date and your employer has to have over 50 employees. Calling off when not feeling well has nothing to do with fmla. Sorry but I may want to sign up for assistance now

Yes they can, if your fired there is no unemployment.

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Uhhh that’s exactly how it works. For intermittent fmla they give you time off when you need it and you take the time they give…. :roll_eyes:

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Same thing happened to me… as far as being fired, having no insurance, 8 months pregnant…
they thoroughly screwed me over and it was the worst.

I had to find another job. Obviously didn’t have maternity leave, so only took my 2 weeks paid vacation and went back to work. But, I made it. Prayers for you!:heartpulse:

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if they are an equal opportunity employer I really don’t believe that they can do that. I would definitely be calling a supervisor. They have to atleast give you a warning before just firing you.

Did you have intermittent Fmla and were u taking more days off then doctor said you can have off?

So it sounds like you weren’t fired for being pregnant, you were let go because you were unreliable. And HR was right, you don’t call out to FMLA.

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If it’s intermittent fmla yes you can use it…that way however if it’s not then no

It’s against especially if FMLA has covered your time off, also what did your FMLA paperwork say that came from your doctor? Did it state intermittent leave for a few hours per day or few days per week or did it state continuously leave for 6 weeks or 12 weeks for example?

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my job did this when i was pregnant and i sued them. :blush: so look into sueing them.

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It depends on the paperwork I do believe! If you went over the hours I’m sure they can fire you but depending upon the state your in I’m sure there are rules and so forth. Prayers!!!

Where I live they can’t do that’s, and that’s exactly how fmla works I had it at my last job! They can not fire you for using your fmla!

You could be eligible for the medical card now if you have no income.

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What was stated on your fmla paperwork?

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If you are just calling in and using fmla and do not have a note to be put out from the doctor there really isn’t anything you can do, I assume this is what happen bc u said u would use those days when u didn’t feel well. To not knowledge they really didn’t do wrong. Apply for Medicare if you have no income. There has to be some type of program to help. I don’t think they can just stop seeing you. You might have to switch doctors but I don’t think they can just quit giving prenatal care.

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Name the company that fired you so other preg women will not buy thier stuff

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It sucks but they can… fmla isn’t a escape goat for missing work. And it’s not a pass either. Sounds like it was abused and they have justification to term you based on that.

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Most states are right to fire/hire so yes.
Unfortunately your pregnancy may not of fit in to there cards and needs as an employer.
Apply for food stamps, state insurance, as well as unemployment.
It will get your but till after the baby is born. Count your blessings you’ll get more then a few days off with the baby now.

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Yes, they can. Its happened to me. My doctor put me on state disability for the remainder of my pregnancy

They can fire you for anything doesn’t matter if you’re pregnant or not & if fired you do not qualify for unemployment insurance

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Look into if you live in a Right to Work State.

Unemployment sign up also go to the state and get all the help u can u might qualify for state money since your so far along .Prayers

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It depends on the type of leave you applied for. For example; I’m currently on leave from work and it falls under short term disability. It’s classified as a continuous leave, meaning I cannot work at all until my doctor approves me to go back. Now, at a previous job, when I was pregnant with my twins, I filed for FMLA. I had intermittent which allowed me up to 12 days in addition to 12 weeks maternity because I was deemed high risk. Any other days missed NOT related to my pregnancy I had to use PTO days. I’m also in Indiana, which is a No Fault Employment/At Will state. They could have fired me for any reason at any time, but I was also at my job long enough to have filed for unemployment in the event I was terminated. Thankfully, I’ve never had to draw unemployment.
You need to find out if your state is a no fault state, what type of FMLA you would have fallen under in addition to the reason for your termination. It always helps to know your coverage, and the attendance policies of the company you work for. Also, look into insurance from the state you are in. Now that you have been terminated, you may qualify for assistsnce you previously wouldnt have.

Sue job. The kids goin to college for free.

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I thought with FMLA you take a period of leave, not intermittent days off? At least that’s what I had to do

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Did you have intermittent leave? Did they give you paperwork explaining your leave?