Employment Law

My daughter was uable to work because of a high risk pregnancy…

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My daughter was uable to...
My daughter was uable to work because of a high risk pregnancy she is under a doctors care and after one month of missing work she was not released by the doctor to return to work. Her company let her go do to not being able to perform her job duties. She is now being denied for unemployment due... Read full answer
My daughter was uable to work because of a high risk pregnancy she is under a doctors care and after one month of missing work she was not released by the doctor to return to work. Her company let her go do to not being able to perform her job duties. She is now being denied for unemployment due to not being physically able to work and not being released from a doctors not being able to serch for work. Can either of these occurences be illegalm or any action taken to help her? Now she has no way to pay for Cobra insurance for her care. She is due in soix months. We live in Texas
Submitted: 7 years ago.Category: Employment Law
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Answered in 2 minutes by:
10/11/2011
Employment Lawyer: legaleagle, Lawyer replied 7 years ago
legaleagle
legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,442
Experience: Practicing Attorney for 10 years
Verified

Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.

 

Unfortunately both rulings are correct. The employer would have to give her up to 12 weeks of job protected leave if she qualified for FMLA but based on your facts I assume either she did not qualify because she did not work there long enough or she did not ask for FMLA leave. The employer can fire her even if she is out for a medical reason.

As far as unemployment, since she got fired for a reason that was not misconduct she would normally be able to get unemployment benefits but you also have to be able an available to work to get the benefits. If she is medically restricted she is not able and available and the denial of benefits is legal. I am sorry. She should apply for Medicaid coverage for pregnant women and their children while she is pregnant and it continues for the child for one year after birth.

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