3rd Trimester

Is this Illegal? Work related.

So I hold two positions for the same company. One job is to run an Internet Department and the second part of my job is to follow up with companies that have their fleet vehicles in for service.

My manager that oversee's my service follow up calls has said to my main boss that he will start outsourcing my service calls if I "keep slacking".

( A little background, the website that organizes the names and phone numbers of all of these clients has been under construction and down for about 4 weeks. So all of the calls that I was supposed to be making are now backed up and I have 4 weeks/2000 calls to catch up on. I cannot make these calls without the website to track the calls. Shortly after the site was back up I had to be placed on bedrest due to possible pre-e, hence the calls became even more backed up.

I told him that I was pregnant at 15 weeks, so well in advance, and that I would be taking 6 weeks maternity when the baby arrives. Now all of a sudden the length of maternity leave is a problem for him as well. I am supposed to be on bedrest right now but am at work because I'm afraid of losing this postition as it makes up half of my monthly income. )

So my question is. Can a company threaten to remove you from a position even if you have a doctor's note saying that you should be on bedrest? I could understand not being paid for the work I would be missing but to take away the position all together? I've checked on at least 10 different websites that have FMLA information but none have been able to answer this specific question. So any lawyer bumpies or anyone who would possibly know the answer please post! I'll be talking to my manager later today and would like to know all the rights I'm entitled to. I'll be doing more research before I talk to him but like I said not too many websites have been helpful. Thanks!

Re: Is this Illegal? Work related.

  • I am not a lawyer, BUT it does seem not right to blame you for the webpage being down.  Can you make the calls from home?  Just a thought to throw out there.
  • I'm not a lawyer, and I don't even play one on tv.  But that does sound a little not-legal.  I would think it would fall under the Americans with Disabilities Act, if nothing else.
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  • They cannot fire or demote you for being pregnant.  However, it's very hard to prove that pregnancy was THE reason for you being let go.  They can however, claim you cannot perform the main job functions of your position, or say your performance is lacking, and get rid of you that way.  If you are not currently protected by FMLA for the bedrest, then, I am not sure what the legalities are surrounding that scenario.  If you've been requested to be put on bedrest, you need to get with HR and apply for FMLA immediately.  FMLA can then be reestablished again when you actually deliver (because it its for a different medical event).
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  • I would maybe try this on one of the nest boards- I think there is a politics something or other board that a lot of lawyers and others with legal backgrounds post on.

  • How big is this company?  depending on the size of the company, you may not be able to qualify for FMLA.

    Also, FMLA is not paid leave.  It's only leave up to 12 weeks that allows you keep your same or similar position.  After the 12 weeks, it's up to your employer's discretion as to whether or not to keep your position.

    If you do qualify for FMLA, after you exhaust your sick days, you should use FMLA for bedrest/maternity.  

    Check with your HR department for more details.  

     

  • Yes and No.  They cannot let you go because you have to be on bed rest.  But depending on if they have to follow FMLA or not could determine whether or not you have a job when you come back.  As well as if they can (or think they can) prove that you were not being efficient prior to going on bed rest then it will not be considered pregnancy related and is therefor legal.  It totally sucks and sounds shady, but depending on what kind of documentation they have and you have depends on what they can and can not say and do.  But letting you go because you were put on bed rest is a major suable offense.
  • You should google Title Six Pregnancy Discrimination
  • It IS illegal to remove or demote you from a position because of pre-e a/o bedrest.  You might, however, check your contract or employee handbook for more details, because it might specifically state in one of those places what they are or are not allowed to do and when.

     

    If you have any more questions or concerns, I would suggest you speak with the manager that controls your position, or if they both have equal control, the one you feel would be most sympathetic.  It is endangering your health and that of your baby to be on your feet if you're supposed to be on bedrest; pre-e is extremely serious,and you can have heart attacks and seizures if it is not taken care of properly.  You might bring this up to your employer.

     6 weeks maternity leave is not much at all.  They are required to allow you maternity leave.  You might also mention this to them, and mention that it is a MEDICAL LEAVE for you to be on bedrest.  As a previous poster mentioned, check FMLA laws and regulations governing your specific predicament. 

  • FMLA gives you the right to take up to 12 weeks off, unpaid, and if the doctor has called for bedrest this would be covered.  Given the circumstances, you would want to well document *everything* that has been said or done by your boss.

    What FMLA doesn't protect is partial work or teleworking.  Your boss can't demand you come in to get the work caught up, but if you come in and can't get caught up, there's no protection to keep you from getting fired for not doing your duties.  They can also fire you on FMLA if they can document that it wasn't because you were pregnant/out (e.g., layoffs in general).

    I would talk to your HR department, document everything, and pursue getting on FMLA immediately rather than trying to get caught up and potentially not, giving them grounds for dismissal (I'm not saying that's right or fair, I'm saying it's crappy and something to avoid!)


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  • image katorigasuki:

    How big is this company?  depending on the size of the company, you may not be able to qualify for FMLA.

    Also, FMLA is not paid leave.  It's only leave up to 12 weeks that allows you keep your same or similar position.  After the 12 weeks, it's up to your employer's discretion as to whether or not to keep your position.

    If you do qualify for FMLA, after you exhaust your sick days, you should use FMLA for bedrest/maternity.  

    Check with your HR department for more details.  

     

    I work for a large family owned dealership, we have about 120 employee's, and I've been here a little over 2 years. When I first sat down with my boss and our HR rep, my boss agreed to giving me 6 weeks of paid maternity leave and that I would be able to work from home while still coming into the office at least once a week. None of this was put in writing however because even though we are a bigger family run buisness, my boss and I are pretty close (i.e I watch his children from time to time) so I took his word that this is how it would go down come D-Day. This was a pretty amazing deal and I've been going above and beyond to make sure that the pregnancy doesn't affect my work however no one can really plan for complications to arise.

    My other manager agreed to this arrangement as well but now it seems that he isn't going to follow through with it. This is why I'm kind of freaking out, because we rely on this half of my income so much. I'll ultimatlely HAVE a job because I'll have my Internet Department to run but I'd be taking a huge pay cut if my service manager does decide to let me go.

  • I am not a lawyer, but I would think that because you are pregnant and you have an MD mandate to be on bedrest, they cannot discriminate against you and threaten to remove your job.  I think you would be more covered under the Americans with Disabilities act with regards to this issue.  If they give you any crap, I would seriously look into talking to HR, or if you have an employee advocate service at your company, get them to help you.  That is total BS.

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    image MKinney86:
    image katorigasuki:

    How big is this company?  depending on the size of the company, you may not be able to qualify for FMLA.

    Also, FMLA is not paid leave.  It's only leave up to 12 weeks that allows you keep your same or similar position.  After the 12 weeks, it's up to your employer's discretion as to whether or not to keep your position.

    If you do qualify for FMLA, after you exhaust your sick days, you should use FMLA for bedrest/maternity.  

    Check with your HR department for more details.  

     

    I work for a large family owned dealership, we have about 120 employee's, and I've been here a little over 2 years. When I first sat down with my boss and our HR rep, my boss agreed to giving me 6 weeks of paid maternity leave and that I would be able to work from home while still coming into the office at least once a week. None of this was put in writing however because even though we are a bigger family run buisness, my boss and I are pretty close (i.e I watch his children from time to time) so I took his word that this is how it would go down come D-Day. This was a pretty amazing deal and I've been going above and beyond to make sure that the pregnancy doesn't affect my work however no one can really plan for complications to arise.

    My other manager agreed to this arrangement as well but now it seems that he isn't going to follow through with it. This is why I'm kind of freaking out, because we rely on this half of my income so much. I'll ultimatlely HAVE a job because I'll have my Internet Department to run but I'd be taking a huge pay cut if my service manager does decide to let me go.

    I don't know about the  legality of this but it seems highly immoral. I would confront the person who made that agreement with you in person and ask them for clarification. People tend to back down/be more supportive when they have to look someone in the eye.

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  • image Aloe0l:
    They cannot fire or demote you for being pregnant.  However, it's very hard to prove that pregnancy was THE reason for you being let go.  They can however, claim you cannot perform the main job functions of your position, or say your performance is lacking, and get rid of you that way.  If you are not currently protected by FMLA for the bedrest, then, I am not sure what the legalities are surrounding that scenario.  If you've been requested to be put on bedrest, you need to get with HR and apply for FMLA immediately.  FMLA can then be reestablished again when you actually deliver (because it its for a different medical event).

    This actually isn't the case.  You get up to 12 weeks total per year.  Once you use the 12 weeks, it's up to your employer whether or not to let you continue leave.  I was on bed rest for 8 weeks with pre-e for my last pg and my company would only give me the remaining 4 to stay home with DS.

    To the OP, your company cannot take away your position based just on your bed rest requirements.  You need to talk to HR to get the required FMLA paperwork for both you and your OB to fill out.  I would get this done immediately and then discuss leave with your manager again.  It sounds like they are backtracking on what was originally promised.  They can say that your leave is no longer paid, but they can't deny you your 12 weeks.  Good luck!

  • image MKinney86:
    image katorigasuki:

    How big is this company?  depending on the size of the company, you may not be able to qualify for FMLA.

    Also, FMLA is not paid leave.  It's only leave up to 12 weeks that allows you keep your same or similar position.  After the 12 weeks, it's up to your employer's discretion as to whether or not to keep your position.

    If you do qualify for FMLA, after you exhaust your sick days, you should use FMLA for bedrest/maternity.  

    Check with your HR department for more details.  

     

    I work for a large family owned dealership, we have about 120 employee's, and I've been here a little over 2 years. When I first sat down with my boss and our HR rep, my boss agreed to giving me 6 weeks of paid maternity leave and that I would be able to work from home while still coming into the office at least once a week. None of this was put in writing however because even though we are a bigger family run buisness, my boss and I are pretty close (i.e I watch his children from time to time) so I took his word that this is how it would go down come D-Day. This was a pretty amazing deal and I've been going above and beyond to make sure that the pregnancy doesn't affect my work however no one can really plan for complications to arise.

    My other manager agreed to this arrangement as well but now it seems that he isn't going to follow through with it. This is why I'm kind of freaking out, because we rely on this half of my income so much. I'll ultimatlely HAVE a job because I'll have my Internet Department to run but I'd be taking a huge pay cut if my service manager does decide to let me go.

    Unfortunately, there's nothing legally that guarantees you the right to work from home, that's entirely up the the company to offer and unless there was some time of contractual agreement for you or in general they can revoke that option at any time.  Like I said, if you go on FMLA now (as in, unpaid leave or sick leave), they have to hold your position, and if they let you go and hire someone else you have good legal grounds to go after them (and that would be the case even if you lose the service manager position but not the internet department, since FMLA guarantees a return to a similar job/similar pay/similar hours, although not necessarily the *identical* job).

    It's a tough spot.  If you are close with your one boss, I'd talk to him about it again and lay out a plan of attack.  Perhaps if you offer fixed goals/deadlines for getting caught up, that will appease the other manager, particularly since the problem was the website.  It is an option to pursue just taking time off through FMLA, but if you have to do it unpaid you may not want to.


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  • Not a lawyer, but you have a major issue. You cannot use the note for bedrest if you aren't actually on bedrest. So either you adhere to the dr note and actually go on bedrest and you will be protected by FMLA or you have to do your job as stated. You can't attempt to do the work and then claim you aren't meeting the obligation because you are supposed to be on bedrest. Now I am not taking the website being down into account because that is an entirely different issue.
    image MKinney86:
    image katorigasuki:

    How big is this company?  depending on the size of the company, you may not be able to qualify for FMLA.

    Also, FMLA is not paid leave.  It's only leave up to 12 weeks that allows you keep your same or similar position.  After the 12 weeks, it's up to your employer's discretion as to whether or not to keep your position.

    If you do qualify for FMLA, after you exhaust your sick days, you should use FMLA for bedrest/maternity.  

    Check with your HR department for more details.  

     

    I work for a large family owned dealership, we have about 120 employee's, and I've been here a little over 2 years. When I first sat down with my boss and our HR rep, my boss agreed to giving me 6 weeks of paid maternity leave and that I would be able to work from home while still coming into the office at least once a week. None of this was put in writing however because even though we are a bigger family run buisness, my boss and I are pretty close (i.e I watch his children from time to time) so I took his word that this is how it would go down come D-Day. This was a pretty amazing deal and I've been going above and beyond to make sure that the pregnancy doesn't affect my work however no one can really plan for complications to arise.

    My other manager agreed to this arrangement as well but now it seems that he isn't going to follow through with it. This is why I'm kind of freaking out, because we rely on this half of my income so much. I'll ultimatlely HAVE a job because I'll have my Internet Department to run but I'd be taking a huge pay cut if my service manager does decide to let me go.

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