Pregnancy Discrimination

[futuremomma09]

I have worked at a large international company for over 6 years. I am pregnant and was put on lifting restrictions. I took my note to my HR coordinator and basically she told me that they were about to terminate me and I didn't have any leave time left, which is a lie because I have FMLA time. I was told by my manager that there is no light duty job available. Another employee who was covered under work comp is still working a light duty position even though was released January 9th, and is having surgery today. If they have an employee they gave light duty to that isn't covered under work comp don't they have to give me a light duty position? and isn't it an FMLA violation to tell me I don't have any leave time left when i do? Now they are trying every route they can to fire me. They told me I have several no call no shows since I turned in my restriction note. No one told me I had to call in or the reason I had to call in. I was on restricted duty a few months before and I was never told to call in then so why would I have to now?

 

[Green_Hornet]

If they are denying you FML rights contact an attorney.

 

[Duranie]

If you have not taken FMLA and your employer meets the requirements for it (minimim of 50 employees) then you are entitled to take 12 weeks off. Kwwp in mind though that after 12 weeks if you do not come back to work then they can terminate you. Have you taken any sort of intermitten FMLA? I don't know why HR would tell you that, they should know the law on it.

 

[cbg]

They do not, however, have to manufacture a light duty job for you if one does not exist.

 

[futuremomma09]

yes I used a week of my fmla in february. I was ill and at that time my HR Coordinator informed me that through out my pregnancy I would be able to use 12 weeks of FMLA for dr appts, morning sickness and any other pregnancy related issues. which in turn would be eliminated at that time and I would not be able to use other than the remaining time at the time of my childs birth. Which I fully understood. My OB/GYN filled out the paperwork and I used a week for my illness and then returned to work. but when I turned in my restrictions to my employer I was told I had no leave left. Before February I have NEVER used ANY fmla time, therefore I should still have several weeks left. I contacted the DOL today and got some VERY helpful information. thanks!!!

 

[Duranie]

When you went back to work did they officially release you from FMLA? The paperwork on HR's end is obviously screwed up.

 

[futuremomma09]

they should have released me from FMLA. I turned in my return to work papers and had a full release at that time.