Did they fire you for being pregnant? If so, then no
If not, then yes, they can fire anyone.
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Did you fill the FMLA paper work out and approved through your HR? If so, calla lawyers If not, we can’t use FMLA like PTO or sick days to call out. I am sorry and hope you find work soon.
Prayers and blessings. Stay strong
If you have doctor written notices of the complications than you need to contact a lawyer asap!!! Pregnancy discrimination, I just went through the same situation. My case lasted 4 years from them trying to fight it but I ended up winning so definitely seek a lawyer asap!!!
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You haven’t provided enough information in your post to answer your question.
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Being pregnant you can usually get state insurance until 6 weeks after birth. And then as soon as the baby is born they go under the same case as you. Once your insurance has gone after the 6 week mark the child will remain on state insurance finances and other obligations for it. It won’t hurt to look into state insurance.
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I could use my fmla for anything I need while pregnant all you have to say is fmla and they don’t have the right to ask you further than that
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You can’t just call in whenever and say “use my FMLA time”. If that’s what you were doing, then yes they were within their rights. In order to take time off of work for medical issues and use FMLA time, your doctor has to place you on medical leave and you have to go through the proper process at your job to put your leave of absence in place.
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Really depends on so many things… How long have you worked there?? Why are you not using sick days if it’s just a day or two rather then fmla? You would have a hell of a time proving they actually fired you do to your pregnancy… If this is more of an attendance issue then they can do what they want. Its important you keep a employment handbook with your companies policies and such so you can know legally what you can and cant do… If they say fmla cant be used for just regular sick days then you have nothing to stand on as far as the pregnancy claim goes.
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No they cannot fire you. If you have FMLA they have to honor that. Get an attorney you are about to come into some money.
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File a Labor Relations claim. Get an attorney.
I had fmla for many years … and I was never fired for using it… and my fmla is without pay… so anyway this was illegal to fired you for having fmla… get a lawyer
It depends if you had intermittent leave to cover the amount of absences you were taking
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How often were you using it
Being in FMLA they legally can not fire you until you get off it then they can do what they want… go talk to a lawyer asap!!
They are some people in this thread giving completely inaccurate advise. The answer depends on a lot of specific facts but the easy answer is probably not legal. However, the best answer is go see an attorney!
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If they made it clear you are being fired for using your established intermittent fmla then no thats illegal. If they used a different reason then its legal. If you applied for normal fmla and was using it as intermittent fmla then. You were using it inappropriately and while its dumb to fire for that its not illegal to fire for it. You were misusing the fmla. Most HR would just make you fill out the correct paperwork for intermittent fmlA
If you’re not permanent (casual) they can fire you for ANYTHING.
Have you been there over a year?
I don’t think you can be fired while being on FMLA, that’s the whole point. You may want to speak to a lawyer or someone who actually knows what they’re speaking about regarding FMLA.
You’re leaving out details. What was your FMLA approved for? Was it approved to be intermittent? Did you go over your hours? Before people say her employer is wrong she needs to answer those questions. Employers are not dumb enough to violate an FMLA law. Something doesnt add up
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FMLA isn’t the same as sick days. FMLA is taking a chunk of time off and there’s a form that has to be filled out and filed with HR, which your doctor signs. They technically do have a right to fire you, it’s just a really shitty thing to do.
You should be able to apply for emergency state insurance because of your pregnancy, or you could pay to extend your insurance but without employer contributions it’s so expensive.
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Being pregnant and now jobless as long as you don’t have any other income into the house you automatically qualify for a medical card
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Ok listen. My daughter Bridgette Leigh just went through this with her FMLA and her back troubles. NO. THEY CAN NOT DO IT. She got unemployment and was told to seek out a lawyer.
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FMLA is not just a protection of your work for calling off. if you’re at the end of your pregnancy you’re entitled to FMLA when you reach 36 weeks.
iI can be earlier if the doctor takes you off due to medical reasons but you can’t just call off FMLA you have to go through a process! LOL this lady clearly didn’t know what she was doing…
she better try for Medi-Cal
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Depending on the state you in live, unfortunately yes. I’d contact your local medicaid office. Now that you’re unemployed you may qualify for their prenatal plan. I hope it all works out for you! Just don’t stress too much, everything happens for a reason!
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First, You do qualify for a medical card and snap benefits while you are pregnant and you should be able to get unemployment as well. It depends on how long you have worked your job for the fmla. We had a person on a legit medical leave, but, because he’d been there less than a year, the fmla only approved him 12 days to get back to work. I do know some ppl with intermittent fmla, most are allotted 4 days a month. Once a week. I’m not sure what you had here. There are a lot of things that are not answered here. If you didn’t follow your guidelines or what. You have to go to the policy of where you were employed and know what was approved. You and your employer should have been communicating about this before they let you go. They owed to tell you that you were not approved or that you would lose your job if you weren’t there. If you were on probation of any type they may have legal grounds. I would seek counsel. But, you do qualify for medical and food benefits and should qualify for unemployment. Good luck.
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Sounds like OP already went through the hoops necessary to get FMLA. Sounds like the job just doesn’t care. Get a good FMLA lawyer to review your case and proceed with their recommendations. Good luck!
That is not how FMLA works. You can’t just call out and say I’m using fmla. When you have your baby and leave work for that you can use FMLA. If you didn’t have sick time and called in multiple times then that is appropriate for termination.
Just a head’s up, may not qualify for unemployment. With my last pregnancy, I had so many nausea and vomiting issues that my doctor had to take me out of work. I did not qualify because I was not “physically able” to fulfill my job requirements. Depending on the job, if you are having that many issues and missing that much work, you ARE unable therefore no benefits and they did not wrongfully terminate you.
Yes, they could have seen if there was an alternative position you could have filled that was more flexible, but I know my previous employer did not since it was a production job and I couldn’t make my weekly quotas.
Good luck 
FMLA is more in place for when you’re on maternity leave, not sick days. I was let go at 8 months pregnant. File for some state help.
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Depending on what state you live in yes. Alabama for example is an at will state meaning you can be fired because your boss doesn’t like the color of your shirt.
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I have only had FMlA for maternity leave. I have no idea how it works for actual pregnancy. And it has always been approved by my place of work so they know exactly what is going on.
Don’t know where you live. But where I live you can get free medical assistant when pregnant. An not working. An food assistant.
My job done the same thing to me a couple of months ago. I have been struggling with trying to pay Bill’s and support my daughter and I. For a month I have been on bed rest. I’m about to lose everything. Karma did that job wonders tho cause they are struggling as well.
Also check your employer! My employer not large enough to allow for FMLA. We do not meet the guidelines therefore it’s not an option. If it’s under a certain number of employees, it creates a hardship for the employer and they are not required by law to allow it.
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Sounds like a huge lawsuit to keep . They are not allowed to let you go when you are pregnant and are on maternity . FMLA is job protected . I had an intermittent leave while I was pregnant with my daughter and as long as it was approved I can’t see how they could terminate you legally .
It sounds like you did not understand how FMLA works fully, and did not fill out the paperwork ahead of time so that you could use intermittent time like you were doing…. So, yes, they rightfully terminated you… you basically called in without having appropriate time to cover your days off- making it unfair to others in the workplace. I mean… someone with migraines or cramps or whatever can say it’s not fair that they can’t just call in whenever they “need” to like you did.
Go to social services, you can get on Medicaid since you’re not working. It covers everything! My drs office filled it out for me.
No.
There is a law in Texas that protects pregnant women. Get a lawyer.
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There is nothing you can do. That’s not how FMLA works, there is an approval process and required forms, you can’t just call in sick and claim FMLA. Unfortunately they didn’t fire you because you were pregnant, they fired you because you were unreliable, they were within their rights as a company. You have no case. Look into state Medicaid for pregnancy.
My employer fired me at 7 months as well. I was able to get unemployment, then disability, then back on unemployment. I also sued them. However, I wasn’t using FMLA…so I’m not sure how that changes things. But I would think you’ve got a wrongful termination lawsuit. You should consult with a lawyer.
I’m just wondering if it’s different in each state. I’ve had it before. I have fibromyalgia. There were days I couldn’t move and had Intermittent FMLA. You have 12 weeks to use them and do not have use them consecutively
I guess it depends on a lot of things. How long you have worked for them and that short. No they can’t fire you because you are pregnant but they can fire you for being unreliable. Unfortunately being pregnant doesn’t make you incapable for work, that’s how they see it anyway. Fmla is supposed to protect your job so if you have to stop working you’ll have a job to come back to. And sometimes pays for leave. It’s doesn’t cover call offs most of the time… if you needed to take leave early you would have been covered.
I think it depends on your state. I’m ga without them writing you up several times and telling you prior that’s not how it works, you’d be able to get unemploymen, food stamps, medical, and probably even wic.
I’m sure if you don’t have the PTO to cover it then they have the right to let you go
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My opinion is since they fired you try applying for unemployment. Don’t know how long you could get it but I’d try. You can’t get it if you quit but if fired you should be able to. At least until you have the baby. You just have to be able to work.
It probably was due to your absence from work and the unreliability for scheduling. I am sorry you have had a tough pregnancy but from the business aspect they need people everyday to work. I wish they had asked you to take an early leave and return after the baby. Now I would focus on grabbing a part time job, moms hours and look into your state healthcare. Best of wishes!
FMLA is unpaid…you can’t call in an FMLA day. Sorry but they are in the right
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If you aren’t married, you would qualify for soonercare. They would cover 
of your medical expenses while you’re pregnant since you have zero income
You can still get a medical card no matter what when pregnant. They are very lenient when it comes to pregnancy
It depends on where you are and the reason they put on the paperwork for firing you. I was fired twice during the same pregnancy, the first was when I told them I was pregnant, they let me go the next day because of “personality conflict” but I’d been there for 2 years and never had an issue, a write up, or even been verbally spoken to. The second job I went on hr approved maternity leave even though I didn’t qualify for FMLA ( worked there for 8 months cause I got the job right after the first one fired me). I had written permission in my possession and in their filing cabinet… and when I went back to restart they told me I had abandoned my job and they hadn’t kept my spot. This is Arizona which is a right to fire state. I couldn’t get unemployment with either of them because of how they filed the termination paperwork. The first was listed by my employer as a safety issue and the second was job abandonment, so the state basically laughed at my unemployment application.
It depends on how your FMLA papers were filled out. I have it for taking care of my father and I am able to use it in the manor of a day here or there, depending on what he needs.
Save every piece of paperwork, phone call logs, text messages etc, whether you think it’s insignificant or not. When you’ve done that, check out lawyers with free consultations. Pick the one that knows FMLA specifically in your state, and you’ll win your case. I went through a similar circumstance years ago, but right after I gave birth. It took forever for the case to get anywhere since my job at the time lied out their teeth, but in the end I won. I had saved all the paperwork from them, my insurance and from drs proving what they tried to get away with. Good luck!
Let’s just call it like it is…sounds like the OP was abusing FMLA or didn’t understand it from the beginning. There’s not a company or business in the world that is going to set themselves up for a lawsuit by firing someone for an HR related issue if it’s not a valid issue.
Get yourself some Medicaid, have this baby. Find a new job.
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If you have FMLA then no they cannot fire you for missing plus they cannot fire you for being pregnant or health related issues because both are a protected status under federal law. So that would be considered discrimination.
I would contact an employment lawyer to get advice and depending on what they say contact the EEOC. Regardless if you needed time off for doctors appointments due to your pregnancy they cannot discriminate
Okay, so because we don’t know of the poster 100% followed the guidelines to use her FMLA, gow about we give advice with what we do know… re-apply for medical card again, she now should get approved!! And because you were fired…You now file for unemployment!! Then you start researching and see who was in the right and wrong… first step is getting this Mommas health taken care of.
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Idk where you’re located, but here, you have to be offered COBRA insurance if you had insurance through employer. Also, hopefully you’ll be eligible for unemployment until you can find something else. Prayers.
1000% no. As long as you were calling in properly and following the rules, they can’t do that. If you’re covered under the ADA and you ask for an accommodation, they need to look into providing that, as well. Smells like a lawsuit to me.
First
Did you get your doctor to fill out the FMLa medical papers?
Second
If your using your FMLA now what were you planning on using when the baby comes?
If you didn’t get the forms filled out and turned in my 15 days after you got them. Then yes they can let you go. I worked in HR for 15 years and did fmla almost daily for employees
An employer has the right to terminate whenever they see fit. They have needs as a business and if you can’t be there, they have no obligation to keep you on their payroll. Unfortunately they don’t care whether you are pregnant or not. I’d file for unemployment and see about getting insurance thru your state. Sorry to hear this happened to you! That’s rather sucky of them to do!
Please consult a lawyer. Yes it will depend on the state, country, laws, etc. Also reach out to the department of labor. Frankly firing a pregnant woman who has complications due to pregnancy or honestly anyone with medical issues is like playing Russian roulette and HR should know better. They’re betting on you not fighting back so the company can continue to get away with this bs. This behavior by companies in the US needs to stop. This is why Covid spread so bad…people afraid of losing their jobs so showing up to work even though they don’t feel good. Also file for unemployment and Medical Assistance.
If you live in a certain state they can fire you for whatever reason. I live in one of those states. They could write performance issues but not mention anything about pregnancy and you’re also a liability due to your fragile state.
I was laid off right before I gave birth. They can definitely do that
Did your dr fill out the paperwork and it was approved on file? If so its grounds to file a suit. If you just called in and said you’d like to use fmla and no paperwork from your Dr then yes they can terminate for excessive absence.
You are given 12 weeks. I know for our company if we take FMLA for a medical reason and we did not use all 12 weeks if we have problems with the same issue after returning back to work we can claim FMLA. Ex… my friend from work had shoulder surgery. He was out about 4 weeks on FMLA. He returned back to and maybe a couple weeks later he was having pain in his shoulder. He called in FMLA on that night. They accepted it because same problem and he still had FMLA time left for the year.
It depends if the state you live in is an “at-Will” state. If the reason the wrote down for you being fired says “pregnant” then you’ll have to look up your state laws. Georgia is an at Will state to work in. So basically they can fire you for literally anything as long as it is not discriminating. They could have intentions to fire you because your pregnant but right now “poor customer service” as the reason for firing you. Good luck!
If you had all the paperwork sorted for FMLA, I would be contacting an attorney. It sounds like you will qualify for unemployment also so I would begin the filing process for that as well.
It sounds like they didn’t fire you because you were pregnant, they fired you for calling in to much, and she is correct that is not how fmla works
You have to have fmla set up as intermittent to use it that way. Also depending on company size and length of time there fmla doesn’t always apply. Pregnancy is protected but if they fired you because you were not performing your job, they can still do that.
It depends on why they let you go. If they said because of your absences then you have a case. If you had significant performance or conduct issues that they have documented and can prove then you were legitimately terminated. FMLA protects your absences but does not guarantee your job if you are not performing or are in violation of a company policy. There is not enough information in the post to determine if this is an FMLA violation or not.
To call in a use it on random days you have to have intermittent fmla, I don’t know what you have. Reg fmla is when your gone for a extended amount of time.
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If you no longer have a job you should be eligible for pregnant women’s medicaid. FMLA is usually for after you have the baby. It’s 6 wks of consecutive days off . unless you had extra sick days off.
I see a lot of answers and hopefully you got some solutions but if you don’t and you’re looking for legal services so you can speak and work with a lawyer on this, me and my husband offer family plans that won’t cost you more than $25 and they’ll truly guide, consult and advice you. 
Let me know but whatever you do, fight this!
Sounds like a job you wouldn’t want to work for any way. Doesn’t sound very family oriented.
Well since you have no job and your pregmant you should now be able to get insurace . Idk how all the working awhile pregnsnt stuff works. But i worked the hole thing and didnt take off my leave tell i wemt into labour. But as for fmail part im mot really sure if they can do that.
You have to file for FMLA leave with your doctor and HR and it has to be approved. If you didn’t go that route then maybe not.
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Get yourself employment lawyer I was fired years ago when I came back from maternity leave they tried to make me take a job that paid half as much as a data entry Clerk because she was going off on maternity leave I wonder what they were going to do with her to her when she came back so I hired an employment lawyer who took my case on contingency and they had to pay me $30,000
They can’t fire you due to a pregnancy. I would call and find out for sure why they fired you. If you look up pregnancy and working. Women have taken legal action for being fired while pregnant.
Also depends on what state you are in. My state has a “fire at will” law that means they don’t have to have any grounds or reason to fire you and you can’t sue . It’s terrible thing
Sounds like the OP simply assumed “FMLA so can take off days whenever…”, But FMLA has to be approved in advance, if you meet the minimum criteria and then taken according to the rules. The way this is written it’s just a poorly self managed excuse to be off sick without the effort to work with HR/employer and crying when she got called out.
This is a vague post. We’re you approved for FMLA?
I had intermittent leave, BUT, it was specified whole or partial days, how many times a week/month. There are a lot of stipulations that go along with it.
We need more info.
Did you go over your allotted time off provided by FMLA?
I’m not sure about the FMLA part but I do know if you no longer have any income then you are eligible for a medical card
It depends if you had intermittent fmla that you can use intermittently whenever you need to and not for one set amount of time at once. Also, did you use your allotted amount and go over time? They can fire you for abuse of time if not approved for intermittent fmla for pregnancy issues specifically and if you were out of time.
Call bigger ups in HR this happened to me when I was younger with my first I was always sick and explained why so I might need to run to the bathroom to 
I came in for my next shift and they let me go - then asked me to finish my shift 
DUH!
I really didn’t care it was a shit job but my friend was infuriated and pretended to be me and called HR within hours they called me and offered my job back with a slew of apologies.
If you can prove they fired you because pregnant no its not legal
If your company is an at will employer, then unfortunately they can. The same thing happened to me.
It depends on what your FMLA was approved for.
You needed to tile intermittent FMLA if you were going to come and go. I would check with lawyer anyway. You have to use your FMLA as the fine print states. I’m sorry to hear this. Do you have a partner, maybe they could help with insurance?
I know someone who was terminated while on FMLA because they thought she exceeded her time. She hired an attorney who wasn’t on retainer for our company and sued the heck out of them. AND WON. It took time and she was offered her job back but she opted to move on with her life.
Well…They should have explained fmla vs call outs. You have to be APPROVED for and fmla time. And it is under doctors orders for a leave or fmla time. But companies like to do rhis. It gonna be a pain for them when you are on maternity leave and all so since they will have to train a replacement for that time anyway its easier just to not explain it to u. Sounds to me like they did nit exolain and allowed it to continue because they were lookin for a reason already. Not all states can a place fore you for any reason. Virginia where I live is commonwealth so they can fire u because they don’t like your hair do that day
Fmla is not for sick days. It’s depending on how many days you were sick or had to be out. I’m sorry for you losing your job but they do have a business to run
I wouldn’t want to work there again if that’s how they run their business, but you should definitely sue the pants off them
There are to many questions to ask and information we dont have. Companies are generally super careful with firing someone who is pregnant so unless they are completely clueless, I’m sure they had justification. Did you actually fill out FMLA paperwork to the state and have Dr’s notes to prove you need to take that time? Which means you were with your company for a year or more. I had a lot of issues and my Dr would not take me out of work until I had the actual diagnosis of Preclampsia. If you submitted the paperwork with medical documentation, got approved for intermittent FMLA, and took the dates according to approved plan than yes, they fired you illegally. If you did none of those things than they have justification
Why isn’t this taught in high school? How is there not a class (or series of classes) that explain & teach very basic/necessary information that everyone will need as adults.
If you signed paperwork look at what it says.
Sometimes it will say after so long, if you don’t return to work(or take so much time off), they can find someone else for your position.
How many days did you use? FMLA covers up to 12 weeks a year. I used FMLA after having my baby to save my job for when I was ready to return
A job I had did the same thing when i told them I was having a baby they made up an excuse that they eliminated my position the day after I told them.
That is exactly what FMLA is for. Job protection as long as you used days for the conditions explained in your FMLA paperwork. And as long as your company has more than 50 employees. What is the exact reason they gave you?