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

Fmla can be block leave or intermittent. If you were on intermittent FMLA than they cannot terminate you. Get yourself a lawyer.

Most lawyers do free consultations, I would set an appointment and sit down and explain all the details. A lawyer can tell you whether or not what they did was within their legal parameters, but either way you should apply for unemployment ASAP.

You can sue them with a lawyer that you’ll only pay if you win. I know from experience. Had FMLA to and got fired for no reason. You’ll win honey

Hey, so that super sucks sorry. I was fired from my job @ 6 months. Lost my insurance too. Call your Dr. Office, ask to talk to social services. They will help find insurance, and what ever else you need. That’s what there are there for.

I was on STD when I was fired. Was actively trying to come back actually (was in the middle of filing all the paperwork to come back). Filed a complaint with the EEOC and LOST! :rage:

Flma is for when you have maternity leave not occasional days off

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According to the ADA act no, if you have been employed under the terms of FMLA and have it approved for intermittent no. If you didn’t perform a job that you are required to do and can do with the accommodations under the ADA and you decide to under perform and they have documentation then yes.

I’d most definitely file tor unemployment under wrongful termination then I’d be taking every action to take them to court for it

Did you have intermittent FMLA already approved? If not then yes they have the right to do what they did.

In California the Dr can put u on disability due to high risk pregnancy….Maternity Leave is 4wks b4 ur due date…6 wks after for normal delivery 8 wks if it was C-section and Paid Family Leave (baby bonding) 12wks just got extended last July (2020)…. FMLA is just a law they passed that protects ur job and lets u take unpaid leave its used along with disability insurance & paid family leave….Pregnancy medical is available for all pregnancies here in california

If you work in an at will state then they can fire you without reason any time they want. Check that before anything else.

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Believe its illegal to fire someone on FMLA or demote them…that’s why there’s FLMA to protect the worker…I’d contact equal opportunity people and maybe L&I…last resort would be a lawyer :thinking:

You can’t use it like you would sick time or vacations days. It’s meant for when you can’t go back to work for long stretches at a time.

But… the HR lady told her " i know you are on FMLA"… so she acknowledged the FMLA…

Talk to an attorney. It is illegal to punish you for using FMLA if you were using it properly.

There are a few things to consider here, it doesn’t seem so cut and dry by what I’m reading.

In order to qualify for FMLA there are certain criteria that you MUST MEET a) been employed for at least 1year b) have worked the minimum hours required and c) be employed with a company of 50 or more employees.

Next make sure that your paperwork is filled out/completed correctly. If it is possible that there maybe intermediate leave (day here, day there) make SURE that the doctor STATES/FILLS OUT paperwork in this manner. Then keep track of time used, you still only get 12-weeks in a year. Take the paperwork, once completed correctly to you jobs HR and make sure that it is approved as stated. Also, when you are hired most jobs will tell you if they are an “at will” when hiring/firing. Make sure to know ALL OF THIS BEFORE IT’S NEEDED.

If you were terminated, for whatever reason, go down to the Welfare office in your state and apply for ALL FIRMS OF ASSISTANCE being pregnant and unemployed, you ARE eligible for everything from food stamps to medical for you and your baby. You may even qualify for housing!! Either way the best of luck to you.

You automatically are eligible for state insurance while your pregnant. That’s a crappy thing for your employers to do.

My mom used her FMLA days when my dad was sick with cancer in this same way, and Barnes and Noble had no problem with it.

A lot would depend on which state you’re in also some states don’t have to give you a reason

Please go talk to a lawyer in your area and see if what they did was legal or not.

You have to first be approved for FMLA before you can utilize it

You need to call your ombudsman if your agency has one. By FMLA rules you should not have been let go if your still had FMLA hours left. I would check into it further if I were you. I’m retired from the state of Texas, I saw this happen while I was still working and the state had to rehire her with no lapse in employment. After all is said and done, that might not want to be the place you will want to continue working!! Good luck to you and your new baby to be!!

Depends on your state. If its a right to work state then as long as they aren’t firing you because you are pregnant its legal. What does ur letter of termination say?

If that was apart of the FMLA agreement then yeah, that’s exactly how that works! They are asking for a lawsuit.

That’s not how FMLA works & how are you covering yourself when you have the baby,?

Yes I hat really isn’t at all how FMLA works

FMLA can’t be called in. Is requested and needs prior approval

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They can still fire you if you live in a fire at will state but you can file for unemployment.

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Depends. Honestly. Go down to your unemployment office and file and see what they say

If you have FMLA it’s approved leave and you can use it at any time. They’re not allowed to terminate you. The FMLA is a Family Leave Act. What was their excuse for terminating you?

Is the fmla because you’re pregnant or for another issue?

What state to do live in? I’m in Tennessee and we are an “at will” state. Meaning in Tennessee you can get fired for any reason or no reason at all. Have you looking into your state laws?

You have to check with your state. For example In Michigan you can be fired for any reason or no reason at all.

Try your nearby EEOC office, state level department of labor, and ACLU office. I’m sorry about you having to experience this while you’re pregnant

yes. i got fired at 7 months pregnant from a job i was at 4 years :person_facepalming: sucks but yeah

Intermittent leave is allowed under FMLA. If you have FMLA you are protected. The can fire you if you live in an “at will” state BUT they will be paying for unemployment benefits.

If u misused the leave then they have a right to fire u. She said “that’s not how it works” so your days were not covered under. U can attempt to talk to someone. But the policy is why u got fired. But now u can qualify for insurance not having that income.

You need to contact the justice/labor department where you live. They can advise you

It depends on the state your in i believe. Like i know in michigan since its a right to work state your employer can fire you without even giving you a reason.

Get a note from dr saying you were out for pregnancy reason and contact the federal government. The FMLA law supersedes all state laws.

How do you know how many employees accompany

Do you mind me asking what state you work in? I was terminated while I was ill. I’m in Texas.

I just wanna know where y’all work (state) that employers can’t fire u at will

Colorado sure can
And Texas
Cali
Alabama
And Oklahoma as well
They can make up a reason to fire u
Boom
Fired

Did they have a reason for termination beyond the attendance infractions cover within your specified flma case?

What was their reasoning for firing you?

I am so sorry this happened to you . I learned the hard way companys have no :heart:.its all about $$$ Good luck winning this fight.

How sad that women STILL lose jobs for being pregnant!

Apply for unemployment and Medicaid. You should qualify now that your pregnant and uninsured.

If you just lost your job you are qualified to get state health insurance.

My job did the same thing. It all depends on state honestly.

Apply for family services. Medicaid to get immediate medical insurance. You will need it ASAP.

FMLA most be approved prior to your LVA

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That’s so sad tell them you will call Eeoc on them. Companies don’t like that

Simply call the DEPARTMENT OF Labor In you state…that’s what they do…investigate.

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At my job we can get intermittent FMLA.

Did your employer notify you that you are not eligible for FMLA (WH-381)‽

So calling in FMLA days doesn’t work like that. It has paperwork that has to be filled out by you and your doctor. It’s medical level due to your inability to perform your job for medical reasons. Calling in the morning of us not considered fmla and it usually is for so many weeks or months. Not a day here or there because you feel bad that day. Hope this helps!

It depends on your state as well. If your doctor filled out the paperwork for FMLA specifically saying for example. Can take up to four days per month due to pregnancy related complications then no they can’t fire you as long as you stayed within those four days. If they filled it out for when you go out on pregnancy leave then yes. They can fire you

Have you tried filing for unemployment benefits and/or emergency Medicaid where you live? It’s something to definitely look into as well. I’m so sorry this has happened to you. If you have Dr’s notes that you couldn’t work and you provided them with that information then I don’t see why they would or can fire you as it was a medical excuse. That’s so crummy and I’m sorry this has happened :broken_heart:

I could not use fmla until I was hospitalized…there is intemittant but idk how that works, but if you didn’t have it filled out and you work in a right to work state they can fire you for pretty much anything.

No, it’s not legal, they made a mistake firing you while you were pregnant you can sue them for wrongful termination (I did) and win. Even if the didn’t actually fire you because you were pregnant they will claim it was for other reasons but they fudged up , they should have waited. Also you can get cobra insurance that extends your insurance through your job. It’s expensive but you’ll be insured.

Yeah that’s not how FMLA works and second it depends in other factors they could hold against you in relation to this like write ups etc and more importantly depends on after all those things whether or not you live in a “at will state or not”??

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Talk to an attorney. If you had intermittent FMLA they are wrong for it unless you missed your allotted amount of time. I’m sorry you’re going through this!!

I had intermittent FMLA during pregnancy for HG. It is illegal to fire someone that is protected under FMLA. Personally, I would be contacting the States Labor office, retaining an attorney and filing for immediate unemployment.

They have to offer you COBRA which is very good it’s 50$ a month ,you need to ask about it cause they never do tell people

If you live in an “Employment at-will” state, unless you have a contract, you can be fired for ANY reason.

Being 7 months pregnant and taking off whenever you want is ample reason. Unless the dr stated you couldn’t work (at which time you would actually use FMLA) you were just calling in frequently and they can absolutely let you go. Being pregnant isn’t an excuse. They can’t fire you “because” you are pregnant. They can fire you for your insubordination.

Since you don’t have a job you will qualify for the medical card. Go apply asap and ask your dr office which one they take before you apply so you pick that one

If you live in an at will state they can fire you at time. They’ll probably use something like you have too many points or something like that, they’re going to do whatever they can to cover their ass. Hopefully they’re in the wrong.

If you called in fmla and did not go to the doctor and had no excuse, yes, it is grounds for termination of employment

The key word is "INTERMITTENT " and making sure to call it in and not exceed the allotted hours and duration that was given

I would let everyone know what company and just how crappy they are for doing it

You can’t call in fmla days fmla kicks in when you are gone so long at a time like a week or more at least

The question is , what was the reason the employer gave you for termination? You missing work ?

What state do you live in? Rules are different in every state

This is per the Department of Labor website. This is just an uneducated post.

I dont think that is how FMLA works lol

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I don’t think you have a leg to stand on. But you need to check the laws where you live and exactly what you had FMLA for! And now that you’re not working and pregnant you most definitely can get the medical card and other benefits!

Medicaid WILL cover you at least until the end of the pregnancy.
I don’t understand how you don’t qualify if you no longer have income.

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Technically FMLA can’t be split up, unless your paperwork is specific. Some employers may allow it but they are not required too unless specified by a doctor. It also usually can’t be adhoc. It needs to be a scheduled reduction of hours if you’re using it intermittently, meaning you can’t normally just call in and say “I’m not coming in, use FMLA”

No your employer is not in the wrong. Although you may be able to talk to attorney and get them on your side if they’ve been fine allowing it and all the sudden without warning no longer was allowing it. That’s the only part I see here where you might have a case.

Also small word of advice, 12 weeks isn’t a long time and you still have a few months of pregnancy left you’re going to want to have as much time with your baby as possible. The more you use while pregnant, the less you get with your newborn.

Pregnancy does not mean your just some how not able to be fired!
FMLA is not taken day by day. You can’t just call in an fmla day if your not feeling well. Also, being pregnant it’s normal to not feel well, but you have to push through it and get your job done.
I just had baby #3 , and my fmla couldn’t start until I was taken off work by my doctor. Until then I had to use my points.

If you’re taking a bunch of sick days due to not feeling well and your work is slipping they have every right go fire you. What was your fmla approved for? Chunk after you go on leave or was it meant for intermittent? You can’t use it as a protection for calling off work because you’re pregnant unless that was what you were approved for.

That is how Intermittent FMLA works. Shame on the company that did that to you smh. Good luck with everything!! You will make it through!

FMLA is for when you are out on LEAVE. It is not like PTO/Sick days that you can use here & there. Yes, they can do this.

I feel bad for you but people get hired because they are needed to work. No shows are no help.

U need to get an attorney and sue them! That is illegal! That is what fmla is for. And these clowns saying that’s not what fmla is for lmao yeaaaaaa it is! Don’t listen to ppl that don’t kno their stuff…

just cause ur pregnant doesn mean u get special privileges…apply for state insurance, ull get cause u got no job. and certain states can fire u for no reason. so…

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Workers rights have been systemically taken away in most States the past 40+ years. You can thank both political Parties for that because they’ve both accepted business and corporate lobbying monies to do this. The far Left Progressives,ie Bernie Sanders,AOC, etc are the real champions of workers rights. Call your Labor Board,keep your expectations low,hope for a better outcome,and VOTE as if you and your child’s futures depend on it.

My bf was terminated 1 week after his kidney transplant. There aren’t protected classes of people. Only protection is under FMLA if it was filed for and approved.

Businesses are cracking down on FMLA abuse. A lot of people have it and use it for other things. We had a tech that would call in FMLA every time she was assigned to scrub, and not assist. She eventually was let go for it because there was a pattern.

They can def still fire you. Sorry.

First off apply for medicaid while you’re pregnant

Call the department of labor because every state is different. Call 211 for additional resources

Depending on the reason given and your policy at work, you can be fired anytime, anywhere for anything. No dead set reason, even if you don’t agree with it. This actually happened to me in 2018. They gave some piss poor excuse that they literally made up and I got fired. So what I did was file a charge against them and they offered me my job back or lost wages bc they were scared of going to court bc they knew they were in the wrong and looking at discrimination bc I was pregnant.

apply for emergency medicaid!! you definitely will qualify, sending hugs :white_heart:

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Ask a lawyer love in your district

Being pregnant you may be eligible. Especially now being unemployed. Apply for medical ASAP!

Depends on what state.

You can’t just use it for a sick day

That’s illegal sue the shit out of them

File a wrongful termination lawsuit if you were out on FMLA