Getting fired after baby born

Lizard2022

The maternity poll made me realize how soon I'm going to be out of work.  I'm the only employee at my firm and so FMLA doesn't apply to me.  I know my bosses can't survive without having someone here for 12 weeks they even get stressed when I'm gone for a day.  I think they will let me go when I go on maternity leave.  (Of course I'm not getting paid)  I'm starting to stress out about being unemployed because right now I make 2/3 of our family income. 

Anyone else getting fired for being pregnant?  I wonder if I can go on unemployment?

jk09uhed89

they cant fire you while you are on maternity leave can they?

kristeljade

Look into your state's laws, which are different than FMLA.  You may still be entitled to leave without losing your job.

kaightea

I don't think they can fire you 'because' you got pregnant - it's the same as a short term disability. They may not have to extend the full 12 weeks to you, but you should still get the 6 weeks disability/medical leave.

2-Step

I think you can still go on unemployment if you are let go during maternity leave. I believe they can lay you off if they want to during your leave, but you should talk to them up front and see what their plans are, that way you can get set up to start unemployment as soon as you go on maternity leave.

Lopo

It sounds like your rights are not being protected.  Why can't your firm get a temp? 

kittykatlover

Can't they just hire a temp for your mat. leave?

mandolynn81

If you can get them to lay you off, you can start to collect unemployment immediately. If you get fired or quit, there is a waiting period, probably depending on situation and state.?

mandolynn81

Sorry.... wasn't done.?

I am in the same boat, I only have 3 employees at my company, so flma doesn't apply to me either. If you have under 5 employees, they don't have to offer benefits, and they don't have to guarantee you leave.

Check into state offered maternity leave, some states have it, unfortunatley mine does not...?

Lizard2022

Nope, all the laws only protect employees when there are more than "x" amount of people employed somewhere.  As the only employee, they can do whatever they want to me.  They can even fire me because I'm pregnant.  It sucks.  I know this because I'm a family law paralegal. 

The laws are supposed to protect very small businesses, but they screw over very small business employees.

afg

They can not legally fire you for being pregnant.

If they lay you off while you're on 'maternity leave' then they should provide you with a severance and you would be able to claim unemployment.

Lizard2022

They can legally fire you if they have less than 15 employees.  The Pregnancy Discrimination Act only affects companies that employee more than 15 people.  And I would get no severance if I got fired.  Its a perk, not something companies have to do. 

pahokie

As you get a bit closer to your due date, tell your boss you want to make a plan to make sure your duties are covered while you are on leave.  Ask if they will need to you train a temp for when you are out.  Talk about what will happen when you come back to work.  Their response may give you some clue as to their plans.

MrsAO

kaightea:

I don't think they can fire you 'because' you got pregnant - it's the same as a short term disability. They may not have to extend the full 12 weeks to you, but you should still get the 6 weeks disability/medical leave.

Sorry but this is inaccurate.  Companies aren't required by law to give 6 weeks disablility/medical leave either (especially if they aren't bound by the FMLA).  How else is it that you hear of ladies only taking 3 or 4 weeks leave because they can't afford to be out any longer.

 

wilkins1

pahokie:

As you get a bit closer to your due date, tell your boss you want to make a plan to make sure your duties are covered while you are on leave.  Ask if they will need to you train a temp for when you are out.  Talk about what will happen when you come back to work.  Their response may give you some clue as to their plans.

good idea.

karelaorange

https://www.nytimes.com/2009/03/28/health/28patient.html?_r=1&hp

 Wowsers, what a disheartening article.  Maybe we should get bumpies to form an advocacy group.  Thing what a huge number of people we could get??

Kendall13

Under 20 employees the "rules" not apply.  If your company is that tiny, then would won't even qualify for COBRA benefits.

Have you sat down with your boss to discuss how long you will be gone? Who will take over for you while you are away?  Maybe if you help them with a temp solution they won't feel like they have no other option but to let you go.

Mrs Kittle

I'm very sorry for your situation.

I work for a construction company, assitant to the President, and with the economy, we are getting very slow. My boss has always said he'd do whatever he can to acomodate me once I started a family and now after four years of loyal employment, I too am in fear of loosing my job. With things slow for the company and 'my assistant' moving in on my job more and more each day, AND my bosses attitude of 'part time employee's not being valuble', I think I'll get my pink slip very soon after my leave if not, right before.

I keep looking at it this way, unemployment will be better then NO income and once the baby comes, it will be 'easier' to get a new job due to not being/looking pregnant. So I'm trying to stay positive that it will all workout and hopfully unemployment will be enough to get by while I enjoy a little extra time with my baby and start the jobhunt once I'm recouped from labor and feeling ready for a new scheudle.

 I wish you luck!

booboo1414

I am 1 of 2 employees at my job. I was put on bedrest three weeks ago. My boss has replaced me, but he says that I am not fired? He switched me to COBRA for my ins. But he keeps saying that I am not fired.  Then he says well even if your doctor releases you I just don't see how you are going to work 40 hours per week. And yet I am still not fired.  I just think my boss doesn't want to pay unemployment compinsation.

I feel that we have no rights, since we work in small businesses.

Lilrdmandy

I understand how you feel, I got fired two days after Christmas because I told them I was pregnant, and I wasn't even in 2nd tri yet.  I looked up the laws on this, and found out that I wasn't protected at all.  I got lucky b/c the other job I was working part time was able to put me on full time but this job only lasts until I am about 32 weeks.  Its nearly impossible to find a new job now b/c employers would rather hire someone who doesn't need to take time off in a few months.