Employment Law

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I am pregnant and have been at my job for less than 1 year.

Customer Question
I am pregnant and...

I am pregnant and have been at my job for less than 1 year. Started February 28 2017. I am pregnant and am having complications. My supervisor told me I can not miss any days until March 1, 2018 or they will fire me. This business has well over 50 employees. What are my rights?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Washington State, City is Spokane Washington.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and I work full time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so at this time.

Submitted: 8 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/25/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,386
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, you are in a difficult spot because the laws allowing you time off do not apply to this employer, as you have not been there a year yet.

What you would have to do is treat this like a disability discrimination claim. Under the ADA and your state's individual disability discrimination statute, you can allege that this is a form of discrimination based on disability because they could allow a reasonably short period of time off. The ADA doesn't specifically call for time off from work, but numerous courts (specifically those in your jurisdiction) have found that a short period of time off is a "reasonable accommodation" under the ADA and state version.

You can present it to your employer in that way, and perhaps they will recognize that and comply. If they do not, you'll have to file a complaint with your state's human rights commission under both the state and federal law.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,386
20,386 Satisfied Customers
Experience: Employment/Labor Law Litigation

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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