Discrimination while pregnant

[crjackson29]

I have been an employer for my company for four months now. When I was hired i wasnt showing so no one new i was pregant. When I begin to show I started to notice i was being treated differently. I was being harrassed about my work and being treated like i have a disability. I am well past my probation period and I have personal related leave time available. I am 32 weeks pregnant and my doctor but me on leave due to pre term labor issues on Jan 17-24, my supervisor is started to call and harrass me about my leave and threaten me saying we have to see a letter stating you can return to work (with 40 hr work duties) then we will decide if you can return. I had my doctor fax over a letter. I feel like im being punished for being pregnant, if i am fired while on medical leave, what obtions do i have?

 

[army judge]

You are an at will employee.
An employer does not require a reason to terminate your employment.
If you are terminated you may THINK it is related to your pregnancy, but you'd have to provve it!

You're correct, pregnancy isn't a disability.
That means IF you're terminated while pregnant, you aren't a member of a protected class.

What can you?
Do whatever you're told, IF you want to keep your job.

If the employer requests a letter from your physician, you don't have to provide one.
Why?
Because HIPAA protects your privacy.
However, if you choose to resist, you could jeopardize your continued employment.

I suggest you gather ALL the documentation on your employer's policy relative to pregnancy and maternity leave.
Read it.
Learn it.
Become very familiar with it.

Why?
Because you will KNOW precisely what to do and when.
You'll also KNOW what is employer has promised to do for people in your situation.

 

[crjackson29]

That kind of doesn't seem fair Judge. If I have personal related leave arent i allowed to use it especially in this situation, and if i have a dr. letter stating i need to take time off?

 

[army judge]

No one said it was fair.
It is but another $cam perpetrated by Uncle $am.

FMLA doesn't mean you get paid time off, if you get time off, it is often UNPAID time off!!!!

 

[Peppermint]

And, you haven't been there long enough to qualify for FMLA, anyway.

How many employees total does this employer have?

 

[cbg]

Contrary to popular belief, it is NOT illegal to fire someone while on medical leave. Although pregnancy is protected under the PDA, what that means is that you cannot be treated differently from a similarly situated employee who needs extended time off. Suppose another employee in roughly your job level and who had been there roughly the same length of time had pneumonia or a broken leg. If they would get fired, you can get fired. If they would get four weeks off, you get four weeks off. If they get eight weeks, you get eight weeks. You get treated exactly the same as they would. But it does not mean that you have guaranteed job protection unless you are covered by FMLA, and you haven't been there long enough for that.