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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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If a pregnant take maternity leave two week earlier than planned

Customer Question

If a pregnant take maternity leave two week earlier than planned because of a medical emergency and then takes four week off for maternity care of the newborn with the verbal promise of a retuning to her position upon release from the doctors care but is fired while she is out, is than any recourse whe can take to get her job back?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. How long was the employee employed and how many total employees does the company have? Also, why was the employee let go? I very much look forward to helping you on this matter.
Customer: replied 6 months ago.
11 months employment. Approminmately 125 at our facility. the reason that they said I was let go was because they said they were slow on hours and job to be completed.
Expert:  Patrick, Esq. replied 6 months ago.
Thank you. With less than 12 months on the job, the Family Medical Leave Act would not apply. That law would have entitled the pregnant employee to take up to 12 weeks of protected job leave to deal with medical issues relating to her pregnancy. But even the FMLA would not provide absolute job protection. If the employer could demonstrate that the pregnant employee was going to be let go regardless of whether she was pregnant or took time off work, that would be legal. In other words, if her pregnancy and job leave were simply incidental, then neither the FMLA nor any other law would protect her job. But the FMLA does not apply to an employee who has only been working 11 months, and so the analysis does not need to progress that far. The only law that would protect an employee in this circumstance would be the The Pregnancy Discrimination Act, which requires that women affected by pregnancy or related conditions must be treated in the same manner as other employees who are similar in their ability or inability to work. In other words, if the pregnant employee could prove that if she missed the same amount of work for a medical condition OTHER than pregnancy she would have not been let go, then that would be a violation of the law. If there have been other employees that have taken similar stretches of leave but not been let go, and if the stated reason for termination (slow on hours/jobs) could be proven untrue, then there may be recourse under The Pregnancy Discrimination Act. if the employee believes she can establish these things then it would be prudent to retain a local attorney. See here to find one in your area who can help. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.
Expert:  Patrick, Esq. replied 6 months ago.
Was I able to address your concerns here? Please let me know.....
Expert:  Patrick, Esq. replied 6 months ago.
If you do not require any further assistance, I would be very grateful if you would take a moment to positively rate my service. This is the only way that I am paid for my time and so is very much appreciated. Kind regards, Patrick

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