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job firing you for maternity leave
So I was talking with my friend who is pregnant as well yesterday and she was telling me that her job is and can fire get for going in maternity leave in December when she's due. all because she hasn't been there for 6 months. Can a job really do this?! I kept telling her there has got to be something she can do to fight this. I've never heard if this, ever. It just sounds so wrong they TOLD her they'd hire her back....but have you ladies ever heard of this?
Yeah once my fiancee gets a job I'll be d*mned if he takes 12w off lol but that being said he wouldn't even be able to. That's very interesting though I seriously never knew this. I guess I was just so oblivious to all the pregnancy stuff. I've seriously learned just about alli know from you ladies that are super helpful! Thanks lol I agree with you mariiberii I think its wrong to. To bad its not a law most people pay attention to enough to get changed ya know? I am thinking twice about getting a job though. No reason to if i'm just going to get fired in December like my friend. Causer I seriously doubt they hire her back.....they say they will but everyone knows how jobs are. I hate to not get a job but.....it really ***** for single moms I can't even imagine. ):
I agree why hire then? Just wasted pay and time on training. The business Is not catering either. I don't know where you work but I personally bust my butt at work. No one caters to me and I don't expect it. I'm over the fact I don't get paid maternity leave. I think its wrong they will fire you though.
Men can take FMLA, but for the most part the laws are the same. You can also use it for sick family, adoption, etc etc. my husband was offered it but 12 weeks of unpaid leave would have killed us (only he worked) and it wasn't necessary.
This is a copy from what it says about who's eligiable.
FMLA is applicable for employees who work for an employer with 50 or more employees. Employees are required to have worked for the employer for a minimum of 12 months, although the months do not need to be consecutive. Eligible employees must have worked for a minimum of 1,250 hours during the 12-month employment period. It also says that they're guaranteed with this leave the same job or equivalent, as well as continuation of health benefits.
This is a copy from what it says about who's eligiable.
FMLA is applicable for employees who work for an employer with 50 or more employees. Employees are required to have worked for the employer for a minimum of 12 months, although the months do not need to be consecutive. Eligible employees must have worked for a minimum of 1,250 hours during the 12-month employment period. It also says that they're guaranteed with this leave the same job or equivalent, as well as continuation of health benefits.
Cylsta that's interesting. I know she won't do anything about it even if she could because she's just that type of person. I just wanted to know more about it just in case I got a job because I've been looking for one....but now i'm thinking I shouldn't I already have a crappy job history and I feel add if that will just make it worse. Is definitely good to know I don't agree with it what so ever but *sigh* laws are laws I suppose. Now say what if my hubby gets a job would he get anytime off for say having a baby lol not really maternity leave obviously lol it honestly doesn't matter. Again just curious. And i'm law stupid so lol but that info definitely helped!
So I just looked up FMLA laws for Indiana - it doesn't matter if she's there for 6 months or not, law is 12 months though it doesn't have to be consecutive. It's also for companies that have 50 or more employees.
Ive actually read online somewhere that they cant fire you for being pregnant because its discrimination. However they dont have to offer you your 3 months maternity leave either. But i think you do have yo get 6 weeks unpaid. Alot of people dont know that by law fathers are also suppose to be offered unpaid time off for the birth of a child. But i would talk to someone at the labor dept in your state for more information on it.
That's what i'm saying she's had this job since idk I know she's at least had it for a month and by the time its December she will have been there for at least 6 months I don't get why they are telling her that they are going to fir her. I mean its not my job and I know she's not going to do anything about it I just find it so odd that they are telling her they ARE going to fire her. Cause if it was a6mo rule she would have had to just start this month which she did not do. I KNOW she's been there for at least a month. And yes my mom got fired from a long term job because she had complications from a surgery and had to be hospitalized twice and she talked to a lawyer and he told her she couldnt do anything about it. Shes not requesting anytime off what so ever. Like u said they just told her since she won't be there for more than 6 months when the baby is born and will have to take ooff for maternity leave that they are going to fire her. I'm not sure if she can anything in writing saying they will rehire her after maternity leave is up. She works at a place where you have to like watch over 3 old disabled people at night at a house, almost like a nursing home. Again it just seems so odd they keep telling get they are going to fire her when in December shell be there for definitely more than 6mo.
I know in my state it is illegal to fire someone for being pregnant, as long as they can continue to do what they were hired to do. However, that doesn't mean they can't make up another reason to fire you. Some states are what's called "at will" states, meaning the employer and the employee can terminate the employment for any reason, or for no reason for that matter. Its not right, but I think if she is requesting 6 months off that is what's going to get her. That's a long maternity leave here in the US, typical being 6 weeks. Some countries have maturnity leave well over a year after the baby is born. Sorry your friend is in that position, can she get something in writing saying they will renew her employment after her leave?
A lot of people that do get very sick DO get fired. I've almost been from my own job because I missed so much with illness. When did she get this job, from how you're wording this she would have been there for longer than 6 months - its also worth asking if it's a right to work state. If not, they don't even need a reason for termination.
And no, this isn't limited to pregnant women. ANYONE that gets a new job shouldn't expect to have extended amounts of time off. It's how things work. It ***** and it's hard, but it's how they run things. In this economy jobs are hard enough to come by, people don't want anyone that won't be there for extended amounts of time with as few absences as possible.
And no, this isn't limited to pregnant women. ANYONE that gets a new job shouldn't expect to have extended amounts of time off. It's how things work. It ***** and it's hard, but it's how they run things. In this economy jobs are hard enough to come by, people don't want anyone that won't be there for extended amounts of time with as few absences as possible.
Uh no I don't care what anyone says its wrong and unfair to pregnant women in MY opinion. She's about 16w just like me BUT she didnt even know herself till about 14w.which she had the job for sometime then. I don't think its just business. Its just unfair and wrong. Its like hiring someone who has to have surgery 5 months after working there and then firing them because they have to take off for it. And how the heck does it "not look the best" women get pregnant, we have babies! Its one if the great things we do! Its completely unfair for a pregnant women to find a job, not knowing she is pregnant, then firing her and leeching her completely jobless with no way to provide for her baby. I don't care they ARE monsters for it. Its ridiculous!
And many women also hide it from a job when they're pregnant as well and don't say anything at interviews. So for example, if a female is 16 weeks pregnant many don't look pregnant, so how are they supposed to know?
Well maybe they shouldn't have hired her. If they knew she was already pregnant then their fault. That's a waste of money if its "business" for them. If that's the case why waste time and money hiring a woman u know ur gonna fire and waste more money rehiring. They may as well let her take the leave. Ridiculous.
Well look at their position - its not that companies position to cater you because you're pregnant. they have a business to run, and if you leave for maternity leave (which is generally 12 weeks) it puts them in a difficult position as well. For someone who's not been in the company long, it doesn't look the best. It's hard for women pregnant, but they're not monsters for it. Just business.
Same exact thing happened to my friend, told her they'd rehire her, and they never did!
DNP47 when I was talking with her yesterday she said they had told her they WERE going to fire her in decemeber because shell have to take maternity leave. They told her they'd rehire her, but to me it sounds like I doubt they will. They told her its because she won't be there for 6months once the baby is born.
They are going to fire her? Or just not give maternity leave with pay? At my work you have to be employed and working a full year before you qualify for FMLA, but that's paid leave. Check to see if pregnancy is a protected disability, if so then the disability act should prevent them from firing your friend.
Wow that is just crazy!!! I don't have a job, but now i'm thinking I should just wait till after December to get one. Me and her are only about a week apart. I don't want to get one then end up in her position. I can't believe a job can do that. That's so unfair to us pregnant women and so wrong I think. Like what are some of you ladies supposed to do like you mariiberii. I'm sorry for you ladies that are. Hopefully they will hire you back. ):
yes that happens at most jobs they have a 6 months probation period where they can fire u for ANY reason and not be liable for anything
Yes. I just moved to pa and where I work has the same rules I need to work there for six months before I can have maternity leave. When my baby is born Id only been working 5 months. No idea what I'm going to do.
Yes, I have heard of this. It has something to do with the jobs "trial" period. Most places that hire an already pregnant person will hire them back after delivery but it really depends on the company.
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