October 2011 Moms

Scared I might get fired...

So my work has an "occurance" policy with absenses. Basically if you leave less than 4 hours early you get a 1/2 and if you call in sick or leave more than 4 hours early you get 1 occurance. So I had a miscarriage last year which caused a couple.. paired with my IVF cycle... a 5 day bedrest I was on the begining of the year as well... I am over my "allowed" 11 occurances... My boss was recently pregnant but is not understanding AT all.. She even had some words with me about going to the bathroom too much. I am so nervous that I am going to get fired. I had to leave early yesterday because I was passing out (literally) at work. My doctor is no help either.. Im scared to death I will lose my job!
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Re: Scared I might get fired...

  • I belive that being pregant you are considered a protected class. You might want to speak to your HR department and let them know that you feel like you are working in a hostile environment. That should shut them up.
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  • So you don't get to take any sick time that can't be counted against you? That's pretty jacked up. But why would your doctor be no help? If you were literally passing out at work, wouldn't you be able to get a doctors note for something like that? Something doesn't seem right here...
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  • You need to find a doctor you trust that is on your side. They can provde whatever documentation your boss needs in order to keep you protected for medical reasons. If you feel like your doctor can't/won't provide that, look for another one - and soon. I have a boss kind of like yours, except she's never been pregnant and never will be, and shes completely ridiculous about things that I need to step away from my desk for (bathroom trips, quickly fixing a snack) and trying to make me use my PTO for doctor's visits. My doctor quickly stepped in and provided everything in writing of what she needs to expect going forward in order to keep me and baby healthy and things have been better. Boss can't argue with medical advice, no matter how much she hates it. Hang in there - just a little bit longer! GL!
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  • btsrc5btsrc5 member
    Can you file for FMLA to cover yourself?

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  • Sorry that you're dealing with this!  I would definitely talk to HR about your circumstances, and I would try and get a note from your dr.  When I was pregnant with DS, I had to get a note from my dr. because I was working with hazardous chemicals/biological agents and needed to basically do desk job duties as opposed to my normal work.  I really don't think you can be fired, especially being pregnant and carrying twins!  Good luck.
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  • imagebtsrc5:
    Can you file for FMLA to cover yourself?

    my thoughts exactly!

    https://www.dol.gov/whd/fmla/

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  • This makes me super grateful that I have an awesome understanding boss. I agree with the advice on finding a new doctor if he is not backing you on having to leave work early due to passing out etc. Also, I know my company is too small but can you file for FMLA?
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  • I defiantly might have to ask about FMLA. I asked my doctor if we could pull me out of work since we have fantasic short term disability and I have been having so many issues with this pregnancy already and she said no. I wonder if she would be open to an FMLA claim...  I have thought about looking for another doctor just because mine makes me feel like I am such a complainer. They always have me come in which is nice but then when I get there they are just kind of like well this is pregnancy.
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  • btsrc5btsrc5 member

    imageStarLightStar22:
    I defiantly might have to ask about FMLA. I asked my doctor if we could pull me out of work since we have fantasic short term disability and I have been having so many issues with this pregnancy already and she said no. I wonder if she would be open to an FMLA claim...  I have thought about looking for another doctor just because mine makes me feel like I am such a complainer. They always have me come in which is nice but then when I get there they are just kind of like well this is pregnancy.

    I dont think you need your doctor to give you permission to file for FMLA, but I could be wrong.  Check with your HR department


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  • imagebtsrc5:

    imageStarLightStar22:
    I defiantly might have to ask about FMLA. I asked my doctor if we could pull me out of work since we have fantasic short term disability and I have been having so many issues with this pregnancy already and she said no. I wonder if she would be open to an FMLA claim...  I have thought about looking for another doctor just because mine makes me feel like I am such a complainer. They always have me come in which is nice but then when I get there they are just kind of like well this is pregnancy.

    I dont think you need your doctor to give you permission to file for FMLA, but I could be wrong.  Check with your HR department

    You need a dr to sign off on the FMLA paperwork if you're using it for a medical purpose.

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  • imagebtsrc5:

    imageStarLightStar22:
    I defiantly might have to ask about FMLA. I asked my doctor if we could pull me out of work since we have fantasic short term disability and I have been having so many issues with this pregnancy already and she said no. I wonder if she would be open to an FMLA claim...  I have thought about looking for another doctor just because mine makes me feel like I am such a complainer. They always have me come in which is nice but then when I get there they are just kind of like well this is pregnancy.

    I dont think you need your doctor to give you permission to file for FMLA, but I could be wrong.  Check with your HR department

    I would look into this. When MH was working in hospitals they had super strict occurance policies and because he wasn't working consecutive days all the time, one instance of being sick might be more than one occurance if you're sick for 3 days and the second day is your day off. He is bi-polar and has anxiety and they were adjusting his medication so he ended up missing more than his allowed occurances but he went to HR and because he had back up that he had this issue and could provide notes stating he was at Drs appts (although they didn't specifically say he needed to miss work) they helped him keep his job when his supervisor wanted to fire him.

     

  • imagebtsrc5:

    imageStarLightStar22:
    I defiantly might have to ask about FMLA. I asked my doctor if we could pull me out of work since we have fantasic short term disability and I have been having so many issues with this pregnancy already and she said no. I wonder if she would be open to an FMLA claim...  I have thought about looking for another doctor just because mine makes me feel like I am such a complainer. They always have me come in which is nice but then when I get there they are just kind of like well this is pregnancy.

    I dont think you need your doctor to give you permission to file for FMLA, but I could be wrong.  Check with your HR department

    Yes, you do need your doctor to fill out the physician part of the FMLA application and provide it to your employer. Being pregnant doesn't qualify you for FMLA, there are other factors involved and FMLA doesn't kick in until after you have the baby. What you would need to apply for is paid disability leave. I'm not sure what state you're in, but in CA we use PDL (paid disability leave) for doctor's appointments, bed rest, etc, then once you have the baby, FMLA kicks in. We also have CFRA (CA Family Rights Act). All of these protect your job, but only if your employer employs more than 50 people within a 70 mile radius of the main office and you must have been working there for at least a year and a minimum of 1250 hours.

    They can't fire you because of these absences due to the fact that you are pregnant - you are a protected class. They would be taking a very big risk if they did so.

    I would definitely talk to your HR department and contact your local unemployment/employment development office regarding your leave rights. They can differ by state, but FMLA is the only one that's Federal.

     Good luck!!

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  • imagebtsrc5:
    Can you file for FMLA to cover yourself?

    This. You need FMLA to cover yourself.  They can't fire you because you are pregnant, but if you are leaving work all the time due to your pregnancy they can. The FMLA will cover you so they can't fire you. I would get the FMLA ASAP - it will eat into your 12 week FMLA period, but it is better to have a job than lose it because of circumstances you can't control.

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  • imageStarLightStar22:
    I defiantly might have to ask about FMLA. I asked my doctor if we could pull me out of work since we have fantasic short term disability and I have been having so many issues with this pregnancy already and she said no. I wonder if she would be open to an FMLA claim...  I have thought about looking for another doctor just because mine makes me feel like I am such a complainer. They always have me come in which is nice but then when I get there they are just kind of like well this is pregnancy.

    Girl, you're pregnant WITH TWINS.  This is NOT just pregnancy, it's not a walk in the park.  You have to be safe and take care of yourself and your babies (yes that includes emptying your effing bladder - boss!)  I hope you can work it out but....if not, maybe there is something better around the corner for you.

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  • imageWillosious:
    I belive that being pregant you are considered a protected class. You might want to speak to your HR department and let them know that you feel like you are working in a hostile environment. That should shut them up.

     Absolutely this. Contact HR - and find a new doctor. Doctors should reassure you when you're worried - not make you feel like you're a complainer.

  • 1. Please remember that FMLA is limited to three months. You can use it a few days at a time, but please remember this will cut into the available FMLA time you have for maternity leave if you were planning on using it after the baby is born. I am not sure how long you have to work between FMLA uses in order to gain back that 3 months but something you will want to check into.

    2. Regarding pregnancy and being fired. You can not be fired soley becuase you are pregnant. You can be let go if you can no longer perform your job duties.

     

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  • I totally understand where you are coming from. Where I work you get 15 absent occurrences a year, and that is any day you are absent(even with dr note), and any time you are more then 6 mintues late, and any time you leave work before you are scheduled to be off. It sucks because I had terrible morning sickness, that was more like all day sickness, I would take Zofran, but it gave me really terrible headaches and made me sleepy. I have to be on my feet for 8 hrs, which now is starting to get hard, my ankles are always swollen at the end of the day. I said something yesterday to my boss about it, and she said, "You're the one who decided to get pregnant!". Gee, thanks. She has three kids, I guess her pregnancies must have gone perfectly! I can't imagen being pregnant with twins right now! I hope someone has a solution for you.
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