Can I be fired during maternity leave?

This is a discussion on Can I be fired during maternity leave? within the Employment and Labor Law Questions forums, part of the Legal Questions & Answers Forum category; Been w/ employer for 2.5 yrs. Waitress. Never written up. I got pregnant and towards the end of my term my hours started getting cut back. I went to my ...

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  1. #1
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    Can I be fired during maternity leave?

    Been w/ employer for 2.5 yrs. Waitress. Never written up. I got pregnant and towards the end of my term my hours started getting cut back. I went to my doctors to see if it was ok to work full time and he said yes. I than went to my employer and told them I thought I wasn’t being treated fair that my hours were being cut back because I can still perform my job. Boss told me I was a “liability” and that’s why hours were cut back.: Baby was born and went to doctors to see if it was ok to work. Doctor says yes. I called my employer up and they told me to look for a new job. Can they do this? I feel as if I was retaliated against because I complained about my hours and them telling me I was a “liability”. I just feel something isn’t right here. Wrongful termination, discrimination?


  2. #2
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    If your employer had more than 50 employees, and you had been working full time for one or more years, working at least 1250 hours during that year, your position was protected under the Family & Medical Leave Act, which requires employers to provide up to 12 weeks leave for maternity (or a serious health condition).

    If your employer was SMALLER than 50 employees, FMLA does not apply, however, it is possible that the termination violated the Pregnancy Discrimination Act.

    You should consult with a local employment attorney.
    I am not a lawyer, this is not legal advice.

  3. #3
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    Follow the foregoing sound advice! If the restaurant employs 50 or more employees, you would appear to have a viable claim under the FMLA and a viable claim under Title VII for pregnancy discrimination.

    If your employer has fewer than 50 but more than 15 employees, you would still appear to have a potential claim under Title VII. If, however, your employer has fewer than 15 total workers, then you and/or your counsel may want to explore whether a state or local antidiscrimination statute nonetheless covers the business.


 

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