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

If you were having actual medical issues that you can excuse with a doctor’s note, then they cannot fire you. If you are just not feeling well, they do not need to excuse you from work if it will hurt the business

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I use fmla a lot. You usually have an app and have to write down a drs name to verify your condition. You don’t have to go to the dr that particular day but it must be verified.

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Sounds like u abused it and have no clue what fmla really means :woman_shrugging:

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Sign up for Medicaid and food stamps and maybe even unemployment to get you through til the baby comes! My state also offers WIC which is food and formula assistance for pregnant women and or small children. If you prefer to work, sit down and tell them you will work on doing better about calling off. Some companies will work with you if you are willing to show improvement

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Usually you are covered for so long after losing your job. Call the insurance company and see what they say. I know where I worked it was either 60 or 90 days.

You can continue to pay for insurance. The rates will go up but you can still keep it.

It sounds as though you had intermittent FMLA approved for issues related to your pregnancy. If so,
Were you following the terms? Were you calling in more than your maximum number of days? If you are sure that you did everything the correct way, they may have violated the law. Definitely worth a consultation with an attorney to see if you have a case.

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Being pregnant doesn’t exempt you from being fired…

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Apply for Medicaid. They legally cannot deny you beings your pregnant.

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It doesn’t matter if your pregnant or not. If you miss work a whole bunch of times you will get fired. They want a stable employee.

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2 ladies at my work use FMLA and they are allowed to call off 2 days a week regardless of the reason and their job is safe…believe me they take advantage…so no I don’t think they can dore you over it

she didn’t fire you for being pregnant she fired you for not being able to carry out the duties of your job…yes you can be fired when your pregnant you can’t be fired FOR being pregnant …If you ran a business and someone was constantly calling off for this and for that you can’t properly run your business…I wouldn’t waste my time OR money with a lawyer …apply for Medicaid which you will get or another apply for another job :woman_shrugging: FMLA doesn’t mean you can call off whenever you want…

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First, apply for your states Medicaid program. Being pregnant and unemployed almost guarantees you’ll be approved.

Second, IF you followed your FMLA guidelines, then contact a lawyer. I had complications with my last pregnancy and had an FMLA case open and would do the same. If I woke up and had pregnancy related issues going on, I would use the FMLA. FMLA protects your job, but only if you follow the guidelines your company has. So I would get out your paperwork and make sure you followed the FMLA guidelines. If you didn’t, then leave it alone, apply for Medicaid and unemployment. If you did, then contact a lawyer.

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When on FMLA there’s certain terms and conditions. It’s based on the situation. It may be certain number of days and when you reach them it’s ended. Also have to be sure you follow up with documentation’s as well or it will default. Best bet is go to the state and apply for Medicaid. Being pregnant you will most likely get assistance.

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You should be able to keep insurance vis cobra. Your rates would sky rocket but its available for a period of time.

Also, I have not personally heard about FMLA before the baby comes. My work applied it once after the baby. Every place is different but I would ask for a copy of the policy and see how it was violated.

if your state is at will, yes they can

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I have floating FMLA for my dad and I can use it as I need it. I would check with behave it to protect my job if I have to be out for anything to do with him .

It kind of sounds like you don’t really understand how it works

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I’m shocked at how many people don’t know what intermittent FMLA is. I highly suggest looking it up.

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They way i understand fmla is when u need to use it for a day means u r going to drs appointments u cant just use it to take the day off because ur not feeling well .

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Apply for state insurance you do qualify because your pregnant. Once the baby arrives the baby will continue with coverage but you may only be covered for the 1st 30-90days or so

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Why did they fire you?

You should have put in for fmla and took time off then they couldn’t fire you. I took it and got paid the whole time I was off 4 months

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:heart::heart: I would send an email and ask what you did the violated the terms of fmla as she stated upon letting you go) I don’t know what fmla is) then you will have it in writing so you can proceed.
Healthcare should be universal like it is here, you shouldn’t have to worry.
I hope that one day the US catches up. In Canada you also have job protection while pregnant especially if you are sick due to pregnancy.
I hope it gets easier for you! :heart: Do not just accept being fired without answers that is literally what people that violate your rights are hoping you will do, go away easily and quietly. It’s stressful but worth a convo in writing and proper closure.
I would look into extending your insurance as well to cover yourself.
Good luck Mama.
Hoping things will get better for you.

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Under FMLA laws you shouldve been protected. What was it for, how much time were you allotted, you should definately know what you can and cannot do with it. If your company fired you for FMLA callouts they may actually be sued for this, I would def check into it. This is your livelihood

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Ask what you were let go for - it may have nothing to do with FMLA or your pregnancy.

Many people on here are only familiar with a standard LOA covered by FMLA. I had an associate approved for intermittent FMLA due to an ongoing medical issue. The associate could leave anytime an issue arose related to health, call in, or take extra breaks as needed. Everything just had to be documented for every occurrence. (I’m not familiar if there were any stipulations). If you had similar FMLA then this seems illegal that you were terminated. Definitely consult a lawyer.

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Doesn’t matter that your pregnant. If your using too much they will find a way to fire you. You could apply for Medicaid til you get a new job

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If you have intermittent fmla due to issues that you are having from your pregnancy, they cannot fire you. However with that being said, you only get 12weeks a year for fmla. So as long as you haven’t gone over your allotted time and will still have time for maturity leave you should not be getting fired.

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FMLA is meant to be used in consecutive days. There is also intermittent FMLA, but of your doctor doesn’t sign off on this or if they feel like you are abusing it, then they can fire you. You can’t just call in when you need to. So looks like you got fired for missing too many days of work which is their right to do and legal. Being pregnant doesn’t matter at this point.

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This happened to me at my job. It wasn’t because I wasn’t feeling well it was because there was a true medical condition at the end of my pregnancy that prevented me from working and took up many days. The baby was like 1.5 weeks old and my boss told me I had exhausted all of my time. I told her I wasn’t coming back to work until 6 weeks post partum. They let me go and hired two people to take my place (if it took two people they should have paid me two salaries🤣) anyway I filed for unemployment and they ended up having to pay me for 6 months. Get your boss to put in writing why they fired you so you have proof of their reasoning. I had text messages and my case went thru super fast.

If you can prove they fired you due to being pregnant then you can go after them… but other wise yes they can fire you while pregnant … I believe I was fired for being pregnant as well but couldn’t prove it but I wasn’t using FMLA

Not sure what state you’re in but I don’t think that’s legal. I’ve had 2 pregnancies at my current job and as soon as I announced it my boss had me fill out fmla paper so I was covered for anything with the pregnancy. I had issues with both pregnancies too. And my last one I even had to go off of work at 30 weeks due to complications and didn’t come back until my baby was almost 3 months old.

A LOT of you do not understand how intermittent FMLA works, and it absolutely shows. This woman needs to lawyer up, and sue, because she absolutely has a case. Employers CAN. NOT. fire you, if you have intermittent FMLA.

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With intermittent FMLA you only have so many days you can use a month that have been approved for. I haven’t had it in years but at all the jobs i had it for this is how it worked.

Apply for Pregnancy Medicaid they won’t deny you because you’re pregnant with no other insurance!

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I’m an HR professional and if you had FMLA when your company terminated you they certainly did the wrong thing. Did you had previous job performance issues? What was the exact reason why they let you go? Do you have documentation? Under FMLA and the federal Pregnancy Discrimination Act (PDA) both prohibit employers from terminating employees due to pregnancy and pregnancy-related conditions. Bevor you reach out to a lawyer I would advise you to file a EEOC (Equal Employment Opportunity Commission) complaint.

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Fmla does not cover you calling in sick. They can fire you if you had no sick leave and you were calling in a lot which they likely have a policy against.

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I had intermittent FMLA, had it the whole 12 weeks. Chronic migraines, so WHENEVER I was in pain I could call off even if I was at work and pain came, I could step away for an hour up to 3 days, yes I was able to call off for three days in a row if I needed. Only down fall was I wasn’t paid for those days if there was no sick time. If she still had FMLA hours left and each time she called off she stated she was using FMLA, they can’t fire her UNLESS she went over her hours. So in short, no they can’t fire you for using intermittent FMLA days if u still have FMLA days left. If they fired her because she was using FMLA whenever she needed and the doc approved her for those stips, she should’ve been protected.

My husband is dealing with this right now( he’s having health issues). He has to go to the doctor the 28th and take a Dr’s note into work when he goes back or he won’t get the FMLA pay.

I suggest you find an attorney, research federal and state laws…being pregnant puts you in quite the protected class.

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They did you a favor go collect

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I’m sure they won’t be listing “pregnancy” as her reason for termination. Probably excessive absence. Its shitty they did that knowing your having a hard time though. Ask for written termination papers, apply for unemployment, Medicaid and WIC until you can get back on your feet. Best of luck!

If u r pregnant n unemployed chances r u do qualify for medical card u hafta make a lot to not qualify while pregnant

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I’m so sorry for losing your job. I don’t know how things work out there but wow! When I was pregnant and was so sick, my employer let me go home and rest. He said to come whenever I feel better. I wasn’t pressured into working. I always showed up to work in the morning and end up being sent home coz I was going to the washroom almost every hour.

I hope you figure things out.:purple_heart:

The best thing you could do is contact legal aid and see if they can help you. I would also file for unemployment in the mean time.

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your FMLA does cover so many incidents…so for example you don’t have to be out every day but if your medical issues cause you to need treatment/incidents 2x a week or whatever the case may be your FMLA does cover that but it has to be written that way on your Dr.s note… I would contact the Dept of Labor relations in your state …or the company overseeing your FMLA…Most major corporations have an outside insurance company that monitor their FMLA

To take FEMLA your MD has to fill out paperwork. You just don’t call out using it. What was the termination reason? Contact the Dept of Labor. Use their website.

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That’s not how fmla works. Fmla only cover your pregnancy dr appointments and the 6 weeks after you have the baby

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If you were only covered for a certain amount of time or the dr didn’t do the paperwork then yes. That’s how I got fired

No matter what, you still get pregnancy Medicaid if you are unemployed!! Go apply NOW!!!

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Might want to check into that again. In my state, uninsured qualify for Medicaid while pregnant- unless you’re rich - ask social services at your providers system to assist you with signing up

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You seriously need to do it immediately because if you happen to go into labor early and you have no insurance some hospitals will send you to another hospital and the ones that do take you in and deliver your baby for you will charge you for that delivery. And it’s not cheap it comes out to be about $25,000. Go apply now and I’m serious if you can’t go then you do it online but you better make it a priority and get it done ASAP!!!

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Go apply for pregnant Medicaid. Do not discontinue your medical care for you and your baby. Seek legal advice.

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Yes that is how FMLA works. You can use it by the day or half day. File an EEOC complaint for discrimination.

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I do not believe you can pick and choose FMLA days. You have to take it in blocks. I could be wrong but pretty sure it’s only for 3 days at a time or more.

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Go apply bow for Wic and medicaid

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Apply for Medicaid after the birth, that same day. You will qualify because the extra person and no income. It will cover all medical expenses for the month you are approved.

The challenge is this: you can take off for FMLA but there is paperwork that has to be filled out. Furthermore, you still have to be performing the job functions at an acceptable level. So for instance if you’re pregnant and then are responsible for something and you perform it unsuccessfully you can still be fired or written up. I would still talk to an attorney bc many places will settle with you rather than go through the whole publicity of a lawsuit

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I would certainly hope it is illegal. Lawyer time.

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Since you got fired you can apply for unemployment and Medicaid I’m so sorry this happened to you

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Intermitted FMLA- a sickness verified, FMLA papers filled out and sent to MetLife by you and the dr. stating your illness the hours you will need off and what for. Confirmed and signed by your doctor.
You do have to call in with good reasons. Not to take advantage of the system. Or you might be refused FMLA next time.
You are not paid FMLA money. You have vacations you use those days as your pay. When it has run out you are taking days off with no pay. Yet still keeping your job.

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Being pregnant doesn’t mean you can get away with not doing your job. You couldn’t perform the duties and they terminated you. Reasonable and legal.

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Call the Department of Labor. They are the agency that regulates this. I believe there is a number for complaints. I’ve seen people get their jobs back.

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Yes it’s possible, you just can’t be fired because you’re pregnant. If you cannot perform or not performing like your job requires, you can still be fired. Now that you’re not employed you should qualify for Medicaid, especially if you’re pregnant.

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In my state Medicaid cannot deny pregnant women health insurance.

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I agree with the above comments. I don’t think you can pick and choose days, also what state are you in? Some states they don’t have to have a reason to fire you. Unless your employer told you they fired you because you’re pregnant you won’t have a claim. Good luck! I hope you get things figured out!

Depends. In Texas, it’s legal

The issue I see is why wasn’t something said about it before? Because they were bidding their time for a reason to fire her! And this comes from years in management.

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Yes it is. Pregnancy does not exempt u from being terminated. U can’t call off when u wish and expect the company to conduct business properly. You have to have a doctors note to excuse ur absence.

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Call federal department of labor Fmla is job security but with other rules .

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Yes and no they can’t fire you if u pregnant but can fire for any reason

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I don’t know where you are but in Canada, that’s illegal and they would’ve opened themselves to a law suit.

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In NH it’s a fire at will state lol. You can be fired from a job for any reason. Like many, New Hampshire is an “at-will employment” state, which means no reason or formal notice needs to be given to fire someone, and conversely no employee is required to provide reason or notice to the employer.

You might not be eligible for Medicaid, but your baby is.

They didn’t say it’s because your pregnant so you can’t say that is why you got fired

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There are different types of fmla. I had intermittent fmla which allowed me to call off when needed however once all the time is used up you can’t call off anymore… and yes, I still have my job.

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FMLA is to provide job security. I had it when I was pregnant and I called out A LOT because I had complications. As
Long as the doctor wrote that you can call out or come in late it protects you. That fact that she even mentioned the FMLA means she knows they aren’t supposed to fire you.

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Hide your pregnancy and find another job. Any job for now :confused:

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You can get a passport card you don’t have no income

It depends on how your fmla paperwork was worded. Mine stated I was allowed to be 2 hours late to work or leave 2 hours early along with 2-3 days off a week. High risk pregnancy fmla.

My state is an at will state, they can fire you for whatever reason. Did you actually get approved for FMLA or were you trying to get approved? Pregnancy isn’t reason enough not to go to work. You’d need a doctors note for all those days you missed work. FMLA isn’t just there to cover your ass when you don’t feel like working.

If you lost your insurance , apply for pregnancy Medicaid , the income limit is a lot higher. They basically have to give it to you

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Not for pregnancy but they were probably waiting to fire you I remember years being a manager myself was pregnant lost baby so had to take alot of time off for doctors and healing and me not being in a good mindset got fired after a week of hardly being at work they store manger didn’t like me and was waiting for an opportunity like that I was already manager before she was store manager

Michigan laws they can fire you without reasoning

Definitely apply for pregnancy Medicaid. It was amazing for me in my last pregnancy

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If you had SL FMLA filled correctly prior you can miss up to 4 days but in the State of OH you are in that will State that they can Fire you for whatever reason in allot of jobs so if you have a Union give them a call but we are being told that if you have any thing going on FMLA covers that is the reason you have them filled out and given to your Supervisor to sign and HR but I am not sure if you have pregnancy on that .If you do not have a Union I defiantly would speak with an Attorney because my Sister has had FMLA forms filled for a long while to cover her after her breast cancer .

If they granted your missed days under the FMLA, and THEN she mentioned “that’s not how it works” then absolutely YES, they fired you because you’re pregnant, that’s wrongful termination and it’s a lawsuit. And, I would absolutely pursue it. And I would tell them that. Maybe you’ll get lucky and they’ll bring you back on so you can have you’re insurance.

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At will state? Nothing is secure in life.

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Some States have a law called “the at will law.” That means that they can fire at will for whatever reason. You didn’t share in your comment about your work history like, was your daily work history productive were you punctual, did you have issues with supervisors or other employees. Sometimes employers just sit back and wait for employees to play into their hands, next thing you know you’re fired. That sounds like what happened to you. I don’t think your pregnancy had anything to do with it. Good Luck with your Baby

Did they not discuss COBRA with you? You should be able to get a continuation of your insurance through COBRA.

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I was 8 mos pregnant and mine let me go, Illinois… state agency.

Depends where you live I’ve been fired for having a baby recently. I live in Wisconsin it’s a right to fire state as long as they don’t tell me that’s the reason I can’t do anything about it. You’re better off anyways at least that’s what I learned. Good luck and congratulations.

Pregnancy promotes state insurance and ends when your not pregnant anymore I would totally look into state insursnce…

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They fired you ask for unemployment papers. And call a lawyer have all your paperwork

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File for help from your health department.

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This happened to me. Their excuse was covid, because they fired me March 2020. But before he fired me he told me I was an inconvenience because of my appointments. Even though I got my job done the days I had to leave for an appointment. Or I would work through my lunch. I was high risk. When he hired me, he knew I had just gotten married and was going through fertility treatments. I told him that. I go unemployment because I got fired but got denied Medicaid because my husband makes too much. I also turned him and the company in to the EEOC for discrimination and since they used the Covid excuse, they did nothing.

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Go to https://www.healthcare.gov to see what kind of insurance you now apply for & call your labor department and see if being let go with the FMLA you had on file was proper if not then sue them - wishing you a safe & healthy baby good luck momma!

You can be fired WHILE pregnant… just not BECAUSE you’re pregnant

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