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Loren
Loren, Lawyer
Category: Employment Law
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Experience:  30 years of practice.
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I just had a baby in July and I returned to work this week

Customer Question

I just had a baby in July and I returned to work this week after 12 weeks off. My employer is now trying to terminate my job because I did not return after the 8 weeks they allow for even though the Family Medical Leave Act says I can get 12 weeks for child care. They are also requiring that I provide a Doctor's excuse that says I was off for the additional 4 weeks. Are they legally allowed to fire me and require this documentation?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Loren replied 11 months ago.
Thank you for using JustAnswer. I am Loren and I will do whatever I can to provide an honest and accurate answer to your question.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.


While the employer may require medical documentation, under the Pregnancy Discrimination Act, an employer that allows temporarily disabled employees to take disability leave or leave without pay, must allow an employee who is temporarily disabled due to pregnancy to do the same.

 

An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

 

Further, under the Family and Medical Leave Act (FMLA) of 1993, a new parent (including foster and adoptive parents) may be eligible for 12 weeks of leave (unpaid or paid if the employee has earned or accrued it) that may be used for care of the new child. To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave and the employer must have a specified number of employees. See http://www.dol.gov/whd/regs/compliance/whdfs28.htm.

What this means is that the employer may not treat you differently than any other employee with a temporary disability.

You can file a complaint with the EEOC. To file the complaint see: www.eeoc.gov.


It is my privilege to assist you. Let me know if you need further information. I hope I have helped you beyond your expectations in the service I have provided to you. I am here for you.

Since this forum is no substitute for your own legal counsel, you may want to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.

I am happy to answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction.

Thank you.

Loren.
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 20786
Experience: 30 years of practice.
Loren and 10 other Employment Law Specialists are ready to help you
Expert:  Loren replied 11 months ago.

Thank you for your positive rating of my service to you and your generous bonus. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-Loren/


Best wishes and good luck to you.

If it is not too much trouble, Gina, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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