Pregnancy related complications - is leave available?
I am 24 weeks pregnant and have a medical history of pre-term labor with my previous child. I have been experiencing pre-term labor symptoms with this pregnancy and have been ordered bed rest for the past ten days by my physician. I was cleared to return to work on a part time basis only for the remainder of my pregnancy. I presented this documentation to my employer and was terminated the next day. The reason given was that my job was a full-time position only. I have been employed with this company for only seven months, so I am not covered by FMLA.
I have paid into a temporary disability insurance account. Do I have any options to utilize my disability insurance and keep medical benefits through the remainder of my pregnancy?
Answers (1)
Q: I am 24 weeks pregnant and have a medical history of pre-term labor with my previous child. I have been experiencing pre-term labor symptoms with this pregnancy and have been ordered bed rest for the past ten days by my physician. I was cleared to return to work on a part time basis only for the remainder of my pregnancy. I presented this documentation to my employer and was terminated the next day. The reason given was that my job was a full-time position only.
A: Is it? This is the key. If the employer has always had this position filled full time and has not allowed it to be filled part time in the past, then it has the right to require the person who fills it to be there full time.
Q: I have been employed with this company for only seven months, so I am not covered by FMLA.
A: You are, however, covered by the pregnancy discrimination laws. This prevents your employer from terminating you because you are pregnant. However, it does not prevent the employer from terminating you if pregnancy related conditions prevent you from performing the actual requirements of your job.
Q: I have paid into a temporary disability insurance account. Do I have any options to utilize my disability insurance and keep medical benefits through the remainder of my pregnancy?
A: It depends on the terms of the plan. If you have to be actively employed to get the disability insurance benefits, you probably do not qualify.
If your employer left you high, dry and with a problem pregnancy, you should at least ask for a way to get disability benefits. Regardless of what the law says, your employer did a rotten thing to you and should be feeling a little bit guilty about it. If so, ease your employer's pain with a proposal that you stay on the payroll on an unpaid leave, to take advantage of the disability benefits.
In addition, apply for unemployment compensation.
Sincerely,
Neil Klingshirn.
posted by Neil Klingshirn | Feb 20, 2001 4:22 PM [EST]
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