Except that is literally how FMLA works…. As long as the doctor filled the paperwork out and stated that it includes appointments and/or symptoms
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File for unemployment and insurance through your state. Call up a local lawyer for a free consultation, they’ll know the law of your area better than anyone else. I know when I was pregnant, (I had low blood pressure issues) When I had to miss, my absence was labeled due to pregnancy and was immediately excused. We had a point system for missed days. Actually, my husband work there too and his absences due to my pregnancy also were automatically excused. It sounds like you lucked out of a job that doesn’t care. But definitely look into the legalities of it because I don’t believe they can.
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Well with FMLA you can’t just call off work and say it’s FMLA. You have to have you doctor fill out the paperwork and list that you may have flare ups of your illness or have to miss some work for doctors appointments/continuation of care. However this only allows you 12 weeks per year, that you can be out and your job is to be protected. With that being said, if all of it was done correctly I’m sure they can’t terminate you during that time period. Now if you have used up those 12 weeks and are still missing work they can fire you. Either easy it sucks. I would file for unemployment and assistance until you get back on your feet.
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Pregnancy does not exclude you from being fired.
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If it’s a right to work state, unfortunately they can but you can try to file for unemployment and Medicaid.
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yes if you filled out the paperwork they do need to accommodate you. they have to hold your job as long as the paperwork is done CORRECTLY I have seen many times people be let go once returning back to work. From the post it sounds like you were calling out and calling them to use Fmla and that’s not how it works. Now your let go you can get unemployment and state insurance which will cover pregnancy 100 percent I think.
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Depending on the situation you could consider filing an EEOC complaint.
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You don’t explain why you got fired. Did they provide you with a reason?
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Try signing up for assistance in your state - medical. Congrats on your baby! Good luck! Prayers
Contact an employment lawyer. You may be able to file an EEOC complaint against them.
Until then, file for Medicaid insurance you’ll be approved right away since you’re pregnant and unemployment
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Well w no income you should qualify for pregnancy Medicaid and file unemployment my cousin was fired while pregnant they denied it so filed and they said they didn’t have a real reason so she got big back pay
File for unemployment ASAP and call a lawyer just as fast. No, they cannot do that, but many companies try to get away with it.
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This happened to me when I was 6 months pregnant. I turned them in for discrimination. I also filed for unemployment and they denied me so I appealed it and went in front of a judge and they denied my appeal. It was asinine. I applied for so many jobs at 6 months pregnant and no one would hire me. I would suggest getting a lawyer NOW!
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I’m not sure about labour laws where you are, but in Canada, specifically where I am, it is considered a wrongful termination of the reason is ultimately a medical one.
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FMLA isn’t one day here and there because you’re not feeling good.
It requires doctors notes and approvals.
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Yes, they can fire you. That’s not how FMLA works at all. You can’t call in a day here or there because you don’t feel well.
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FMLA allows up to so many hours used and it is usually based off average hours worked. Definitely call a lawyer and speak to them for consultation. However, apply for medicaid with your local health department asap. Women who usually may not qualify for medicaid do when pregnant during duration of the pregnancy.
An employer can let an employee go for other work related issues such as not performing to standards, being on time, not delivering to customer service standards, etc as long as it is documented. They cannot let an employee go for utilizing FMLA (as long as you are following it with dr orders). Your termination papers will state the reason for letting you go and you can review with your state labor board.
You are eligible for COBRA which is outrageous, but since you are 7mos pregnant it may be cheaper to pay for the cobra than to have your baby without insurance.
I used to be HR and that’s not how FMLA works … it’s a process … you’re able to use FMLA if you know you’re going to be out for more than 5 days with a Drs note for instance getting surgery … for pregnancy you’re able to use it after you have the baby for the X amount of weeks your job offers (mine at the time offered 13 weeks with no pay) some jobs offer it with pay after they pay out your vacation/sick pay first … but the employer gives you the proper FMLA paperwork for your Dr to fill out and they revise it to see if they approve it or deny it. FMLA is totally different than PTO … so if you were constantly calling in then yes, they can let you go. No need to involve a lawyer
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Get an attorney. You have FMLA and that is a federal program. You can not be fired because if you are having complications with this pregnancy and your OB is seeing you and documents those complications you aren’t covered.
Just bc you are pregnant does not mean you can call in 100 times…yes they can fire you…
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You said it right there in your message “calling out when you didn’t feel well” unless it was a 911 and you can provide documentation from each time you probably burned through your “sick time”. FMLA is not a day by day thing you have to file for FMLA and you’re out for a certain period of time. FMLA will not cover “sick days” even due to pregnancy. So, yes… they had every right to terminate you.
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If your FMLA was for pregnancy then that’s against the law. They give you so many hours a week, so many days a week totaling 1200 hrs a year at least in my state. When your FMLA was approved they should’ve explained or given to you in writing.
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Don’t be afraid to stand up for yourself.
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You cannot be fired while on fmla…it protects your job. I’m pretty sure. Double check your employee handbook and state laws. Ask a lawyer. FMLA does not have to be taken consecutively it can be taken sporadically. But you have to have the paperwork filled out completely and correctly. Drs office has to sign off on it and what not.
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To me it sounds like you were fired because of calling out. Not specifically because you were pregnant. FMLA doesnt mean you can just call out whenever cause you don’t feel good… So in my opinion they rightfully fired you.
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Fmla is usually used all at once with all the paper work in place. Some file for intermittent Fmla. Which would cover you if you was approved for that. That is designed to be able to use a day here and there but it does have to be approved by the company first. V
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You used FMLA wrong so yes, they do have the right to fire you.
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Fmla doesn’t mean you can call out when needed, it just means it protects your position during a leave of absence.
I mean, they can’t fire you simply because you’re pregnant. But, if you’re not able to perform you job duties and light duty isn’t an option, then I think yes……?? I’m not sure. But, if you’re not doing your job and unable to meet the demands of it for whatever reason, I would feel they are able to let you go???
FMLA covers anything pregnancy related once you’re paperwork for pregnancy is in. I over the span of 2 months missed 22 days due to inability to get my morning sickness under control. Id be talking to someone cause them firing you over using FMLA as it was supposed to be used is a form of prejudice!
I do wanna edit it also depends what country or state you’re in!
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The California Fair Employment and Housing Act (FEHA) makes it illegal for your employer to discriminate against you due to a medical condition or perceived medical condition. Discrimination can include any adverse employment action, including firing or termination.
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Fmla doesn’t work that way unfortunately. For those jumping on the band wagon if getting a lawyer, honestly it’ll go nowhere. From how OP described, it seems as though she tried calling out trying to say they are FMLA days. There is intermittent FMLA but those are work accommodations set up with your job. Calling out because you’re pregnant doesn’t mean that you’re protected under FMLA.
Op it seems as though you used FMLA wrong and maybe didn’t understand it correctly. Sorry it happened. You might be able to file for unemployment but it’s not guaranteed.
As far as finding work…not sure about your situation but, maybe see if you can do something work from home as it would be a environment you could make yourself comfortable in.
Depending on the state, might be able to get welfare benefits to help. Best wishes 
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A medical leave under the Family and Medical Leave Act, or FMLA, is the only type of leave of absence that is protected within the state of Michigan. This means that if an employee’s medical leave is not covered by the FMLA, then an employer could terminate their employment.
Pregnant or not, they can definitely fire you. But they’re right, that’s not how FMLA works
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I worked for Walmart and had bad complications during my pregnancy so I was on fmla. When I returned to work is when they fired me. But I live in an at will state so they didn’t have to give me a reason why they let me go.
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Go to your local welfare and apply for medicaid / state help. They can’t deny you, you’re pregnant.
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You have to fild paperwork for that. You cant just keep calling out and expecting everyone to be okay with covering you always… You can unfortunately be fired for most anything anymore. In my state they dont even need a reason! So sorry youre going through it.
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You need legal representation. Don’t tolerate that bs
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It’s not okay for them to do it. Call the labor board or wherever it is that you are.that happened to me at 6 months and it was a shit show for them ! Good luck 
Sounds like you were taking advantage of FMLA. If you had a doctor’s excuse explaining why that may have been a different story but just cuz you aren’t feeling well doesn’t give u a free pass.
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Depends how often u were calling out. Fmla papers protect u from losing your job only under certain conditions. I had the papers and they let me go and said i could come back after having the baby but thats because i was stubborn and didnt call out and passed out in front of a customer at least 2 times and they didn’t want me to be injured cause i hit register the first time and a wall the second. You cant call out anytime u want its for emergency situations.
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It’s sounds like they fired you for calling off so much not because you’re pregnant
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I lost my insurance because I went part time because I only have child care available three days. They didn’t tell me I would lose my insurance and that came as a surprise. I’ve been at the same job 16 years, was always full time and always had insurance through my work so I was panicked. I got insurance through the government and I wish I had it when I gave birth. Don’t stress. Check out what is available for you. It sounds like that was a terrible place to work and I hope you find something better.
If you were denied FMLA and racked up points they can fire you ! If they didn’t say we are firing you cause you are pregnant then it’s legal ! I was told if FMLA was denied for my headaches then I would have to go to the doctors for each headache and get an excuse or keep my points
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Get a work from home job. Come work for Allstate from home…Amazing company! And then u won’t have to worry about needing leave. I have chronic medical conditions and work with no issue even while taking meds. Great pay and day 1 benefits/insurance
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Yea, HR is right…that’s not how FMLA works
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I’m not sure if it is illegal or not. But you can certainly shame the company and I’m sure many here would be glad to help you.
If you were violating the rules for FMLA, yes. In their eyes you used it to take advantage.
It also depends on the state.
Your best bet is to talk to a lawyer that specializes in this.
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If your FMLA was approved for intermittent leave, you can call in as needed as long as you don’t go over the approved hours. If your employer can not or will not find light duty or make accommodations for you to be able to do your job, they can’t fire you for using FMLA. Read your paperwork very carefully. If this is the case, call your local labor commission and file a case.
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Yes u can be fired if u r pregnant. They can’t fire you for using fmla days that are under guidelines but if you go over the allotted days or any other reason luke lateness, not able to perform job function etc then yes u can be fired. Most companies wouldn’t touch this issue w a 10 foot pole unless they have serious evidence and they are 100% certain they won’t be liable.
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You are pregmant and you have no income apply for medicaid at your local dhs office you should apply for WIC too they help alpt too
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Wow I’m sorry that happened to you. What a pos job. But there is intermittent FMLA. I’m not sure which one you were approved for. But I don’t believe you can just call off thru the job unexpectedly. You have to schedule that thru the fmla contact line before hand so the job can be notified. Even then, I believe you get so many fmla days a month that you can use.
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The should offer cobra or some kind of health insurance you can buy after termination
You have to follow rules and work a certain amount to obtain fmla just like everyone else. Being pregnant doesn’t give you a free pass.
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Did your DR sign FMLA paperwork? You can absolutely take days and it does not have to be in blocks. If you’re taking it for days you don’t feel well you’re dr would’ve had to sign the paperwork giving you time for “episodes” because traditionally for pregnancy you get the FMLA once baby is born. You should talk to your dr and look back at your paperwork.
Sounds illegal to me. I’d contact a lawyer
I had FMLA throughout my pregnancy also and the job had threatened to fire me, I had to bring a bunch of paperwork from my drs including all the paperwork from the E.R since I was always their for pain after work. It took for my specialist to write a letter stating that when they see me for my appointments that my bp is way too high and how my son’s hb would constantly drop. I even kept a record of how I would pass out at work message my manager and him basically telling me to suck it up for the job to approve me for FMLA. So try to fight it and don’t let anyone here discourage you for using the time when you’re not feeling well.
Heck…in Alabama can be fired for no reason. Depends on state. Some are free firing states. I got fired couple times just bc a manager didnt like me. Me and hubby,tired of it,came together and started our own business. No one to fire us anymore for no good reason. Can get on Medicaid,Wic,and food stamps until get another job.
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It depends how it is worded, sometimes FMLA has to be taken All at once, you can’t just take off random days. But if you get your doctor to say that you can take your FMLA as needed, then your employer can’t do anything about it and they have to give it to you
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That isn’t how FMLA works unfortunately
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File for unemployment
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Michigan is an “At Will” state. If you’re not in the union, the employer can let you go and don’t have to give any reason.
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Being pregnant doesnt protect you from being fired for everything. It isnt magic.
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I’d contact a lawyer but check how many days you used fmla. There is a limit.
If no income or little income sign up for Medicaid or go on market place and get it …
If you’re approved for fmla and had intermittent leave then I’m pretty sure they can’t fire you. You’d have to find a lawyer. In some states like mine they can fire you for anything because it’s an at will employment state, but they still can’t fire you if you have a contract with them or goes against federal laws such as pregnancy. But you can be fired regardless of pregnancy. I would look into state medicaid as you can’t be turned down since you’re pregnant. Apply for wic. Apply for everything you can. Also there is a limit to how many days you can use on fmla. My husband has it and can only use 1 day for appointment and 1 day a week for intermittent days. But after that he will get a point and after 8 points then you get fired.
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Contact your lawyer and see what he says
I’m in ca an at will employment state. However, there are some provisions to that. For example you can’t fire someone who is out alot because of an illness or pregnant. I had a past employer let me go for almost the same reason. I perused it and they actually had to write me a nice check. I also know someone who was replaced while on disability and successfully sued the employer. So just because it’s an at will employment state the employees still have some protections. Start with filling a complaint with your state labor board.
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If they fired you because you used your fmla days, then yes it’s illegal. Make sure you had intermittent fmla, not a continuous block. And it’s 12 weeks total of leave. If they fired you for misconduct, poor performance -anything else really , then no.
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Depends if your fmla was written for appts or not feeling well and how many days a month were on the paper
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Call the EEOC you may have a case
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I would call a lawyer and EEOC. You can’t be fired for being pregnant or using FMLA unless you have used all the hours or you are fired for cause. Proving cause without documentation will be hard since you are pregnant and on FMLA
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Unfortunately she’s right. That’s not how FMLA works so that falls on you not them. In most cases FMLA won’t even cover maternity leave. Not to sound harsh but guys, definitely speak to your HR or insurance rep in regards to your leaves. I.e. FMLA, STD, LTD ect.
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The fact of the matter is, an employer can do as they wish in regards to your employment. However, they should not be able to just stop your insurance! I don’t know what state you are in, but in most states, if you lose employment for any reason and you have insurance benefits through the employer, they have to continue to cover you for a certain period of time. I would suggest you look into COBRA! If they are not required to continue coverage, that is considered a loss of both income as well as credible coverage, so that should be an automatic eligibility for state Medicaid especially considering you are pregnant, unless you have assets that exceed the allowed value for state benefits. Do some research, and if nothing else…save your insurance. I am a licensed insurance agent and health and life is my profession. I am licensed in 18 states, and in all of those 18 states, the laws about loss of credible coverage are in general the same or similar! Good luck!
Fmla where I work covers you for dr visits… not because you dont feel good… if you felt that poorly the dr could’ve amended the fmla paperwork to cover for you calling in all the time
Meghan Hoyer, didn’t this happen to you and you had a lawsuit?
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Even if you’re an at-will state they did give you a reason and the reason was because of the FMLA. I would reach out and find somebody like a lawyer this doesn’t feel right. It may be a headache but if you have all day off from work now spend every day trying to find a solution to this problem. You can call your local County number and usually they can help you find resources like an attorney especially when your rights have been violated.
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Pregnancy discrimination
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If for some reason you’re not eligible for Medicaid apply for the Affordable Care Act (Obamacare) plans in your state. There are discounts based on income. I’m so sorry this happened.
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It truly depends on your FMLA papers. I have chrons and had FMLA at one point when working, it stated i was covered only for an X amount of days every month. I’d look over your paperwork and verify exactly what it said. If you didn’t follow it then its on you, if you did then they just illegally terminated you.
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After a certain amount of days of using FMLA, I do believe your job is not protected.
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Call covered California you may qualify for Mcap you still pay but not as much and it covers your pregnancy appointments and birth. That’s what I’m on right now because I lost my job while pregnant as well. Mcap is only for pregnant woman.
Just want to put my opinion in there! I had FMLA for my father after his stroke. I needed sometimes a few days off a week to be with him for his recovery. My HR lady called me into the office a few months into it, sat me down and told me that I was becoming a burden on the company and that they may have to terminate my position if it continued. I instantly froze, like I can’t lose my job and my income for this, so I told her I was going to have to make some calls when I got home and I would speak with her the next day! Come to find out they can not threaten your job while on FMLA if you’re using it like you should! Anyways, the next day I went in to the office I looked at her and said I’m going to need your business card and I am going to continue using my Fmla as I need! I told her that I was aware after making calls that she could not terminate me for the reasons given. You should have seen the look on her face and she couldn’t apologize fast enough! Still employed there 7 years later!
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Wouldn’t you be eligible for Medicaid now that you don’t have a job?
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does your state have any laws regarding pregnancy and employers? I live in Iowa and we have the pregnancy law that pretty much you cant be fired or discriminated against due to pregnancy.
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You’d have to be sure that you were following the fmla exactly as it was stipulated. It’s not an indefinite thing, so might have used it too much, if that’s a thing? I don’t know. Definitely check into this.
FMLA covers time after the birth of a child up to 12 weeks but it also depends on your frequency for FMLA leave. I would strongly advise you to call employment attorney. Call your state bar for free or reduced price advice and see what they say.
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My sister was fired from the local hospital for missing to much time after being diagnosed with Cancer She had been employed 35 years and lost her insurance as well! Large companies know the loop holes to cover them legally
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There still good people out there
Fmla isnt for when you dont feel good. You have to fill out paper work. And your md has to sign off on it.
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Depends on your state labor laws - if your unemployed collect unemployment- utilize your county and state programs
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Also depends in which state you live and work some states have an employed at will state that covers them for firing you.
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I don’t know how the law works in US but in UK its against the employment laws to sack someone due to pregnancy. Do you have any law advice that’s free over there like no claim no pay, my Daughter sued a firm for doing that and won. I wish you luck. Xx 
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FMLA works for up to 12 weeks per rotating year based on the prior 12 months. You have to maintain a certain number of working hours and tenure (1 year and 1250 hours worked in the prior 12 months) FMLA is approved for a specific leave it doesn’t just cover pregnancy. If you have been approved for time missed with complications from pregnancy such as preclampasia or gestational diabetes that would be separate from your pregnancy leave. You can’t just take random days off because you are pregnant, that would be an intermittent LOA and would need to be approved separate with details from your doctors outlining how much time you may miss per instance.
In short yes you can be terminated depending on what you were approved for and being pregnant does not protect you from termination as long as you were not unfairly targeted just for being pregnant.
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depends on the state u live in…but 1- u need legal advice bc if ur using FMLA accurately they can’t fire u for this reason as this is what FMLA is for…2 if they fired u, ur still eligible for federal or cal cobra depending on how your company is set u, 3- if these fail u should be eligible for covered California indv coverage and possibly at a discounted rate since ur unemployed.
I work for anthem of CA and these are our rules anyway…
Lots of places do probation for the first year and reserve the right to fire you without the need for explanation.
Fmla… Is family medical leave… It’s usually for birth… Death extreme case senerios… Not just Taking off a day here or a day there as far as I know… Funerals… Etc… And you have to file fmla paper work etc… I am not sure if the ends and outs but I think unemployment office might be able to tell ya
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FMLA isnt for sick days. It’s consecutive paid leave that has to be approved.
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Talk to a lawyer before you do anything