Comments on: Can an employer in California fire a pregnant woman for missing work due to complications with pregnancy? http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy Tropical Diseases control and remedies Wed, 24 Aug 2011 09:33:41 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Mike http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-5421 Mike Sat, 18 Sep 2010 20:55:22 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-5421 What if the woman gets pregnant within the first 12 months of employment, meaning she is not covered by the family medical leave act. Is she protected in any way? What if the woman gets pregnant within the first 12 months of employment, meaning she is not covered by the family medical leave act. Is she protected in any way?

]]> By: Crystal http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-1673 Crystal Sun, 07 Mar 2010 22:21:45 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-1673 It is against the law to fire someone because they are pregnant. Missing work due to pregnancy is a different story. The rules vary from state to state so you will just have to find out from a lawyer in your state. In most states if you miss work, they can terminate you regardless of a doctor's note or not. These are the at-will states. Some places, such as where I work, run on point systems, you are only allowed so many points, even with doctor's excuses it takes away a point, and you are gone. it sucks, but it is true. It is against the law to fire someone because they are pregnant. Missing work due to pregnancy is a different story. The rules vary from state to state so you will just have to find out from a lawyer in your state. In most states if you miss work, they can terminate you regardless of a doctor’s note or not. These are the at-will states. Some places, such as where I work, run on point systems, you are only allowed so many points, even with doctor’s excuses it takes away a point, and you are gone. it sucks, but it is true.

]]> By: victory http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-1672 victory Sat, 06 Mar 2010 23:24:19 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-1672 Gee, I'd sure like a whole office full of people like that working for me! Missing work; taking leave; calling in with all manner of doctor's appointments...and, after the three or four months' leave, taking time off for assorted baby-care emergencies! No one would get anything done, and the business would fold in a year, but it wouldn't matter because the mothers could all find other penny-ante jobs elsewhere, and who gives a toss about my company, anyway? Remember: it's all about YOU! Gee, I’d sure like a whole office full of people like that working for me! Missing work; taking leave; calling in with all manner of doctor’s appointments…and, after the three or four months’ leave, taking time off for assorted baby-care emergencies!

No one would get anything done, and the business would fold in a year, but it wouldn’t matter because the mothers could all find other penny-ante jobs elsewhere, and who gives a toss about my company, anyway?

Remember: it’s all about YOU!

]]> By: JENNIFER M http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-1671 JENNIFER M Fri, 05 Mar 2010 21:52:32 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-1671 i don't know the laws in California but in pa unless you are part of the union most employers are at will employers meaning that they can fire anyone at their discretion i don’t know the laws in California but in pa unless you are part of the union most employers are at will employers meaning that they can fire anyone at their discretion

]]> By: JL http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-1670 JL Thu, 04 Mar 2010 00:44:08 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-1670 California is a " Work at will" state, which means either party ( your cousin or her boss) can treminate the work agreement. However if the basis of her boss letting her go is due to days of work missed becasue of pregnancy problems, then NO. It's discrminiation and it's illegal.!! ask your cousin to get a copy of her jobs " employee handbook". Carefully look over the maturnity section. Afterwords, call the Labor Board . You should be able to call 411 ans ask for it. It's a state or U.S listing! and talk to someone there for a few minutes. If he does fire her, Then I recommend you file a claim with them as well. There should be some type of re-embursment! But in whatever you do Good Luck, and Merry Christmas! California is a ” Work at will” state, which means either party ( your cousin or her boss) can treminate the work agreement. However if the basis of her boss letting her go is due to days of work missed becasue of pregnancy problems, then NO. It’s discrminiation and it’s illegal.!! ask your cousin to get a copy of her jobs ” employee handbook”. Carefully look over the maturnity section. Afterwords, call the Labor Board . You should be able to call 411 ans ask for it. It’s a state or U.S listing! and talk to someone there for a few minutes. If he does fire her, Then I recommend you file a claim with them as well. There should be some type of re-embursment!

But in whatever you do Good Luck, and Merry Christmas!

]]> By: Kristin http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-1669 Kristin Sun, 28 Feb 2010 22:18:44 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-1669 The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor. FMLA applies to all: public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year and who are engaged in commerce or in any industry or activity affecting commerce — including joint employers and successors of covered employers. To be eligible for FMLA benefits, an employee must: work for a covered employer; have worked for the employer for a total of 12 months*; have worked at least 1,250 hours over the previous 12 months*; and work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles. The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee’s child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee’s own serious health condition. It also requires that employee’s group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration’s Wage and Hour Division within the U.S. Department of Labor.

FMLA applies to all:

public agencies, including state, local and federal employers, local education agencies (schools), and
private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year and who are engaged in commerce or in any industry or activity affecting commerce — including joint employers and successors of covered employers.

To be eligible for FMLA benefits, an employee must:

work for a covered employer;
have worked for the employer for a total of 12 months*;
have worked at least 1,250 hours over the previous 12 months*; and
work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

]]> By: Acadia http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-1668 Acadia Fri, 26 Feb 2010 00:39:49 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-1668 No, it's not. It's considered a disability for job purposes. They have to allow her adequate leave to get proper medical care ... just like with any disability. He is just looking for an EXCUSE to fire her (saying that she missed too much work) because he can't say it's due to the pregnancy. She needs to talk to her company's Human Resources department right away, or at least this guy's direct supervisor. If he's really "the boss" she should contact a lawyer and get a consultation to find out what her rights are. The threat of a lawsuit may be enough to dissuade him from firing her. But if he's determined he'll do it anyway, and then she'll just have to sue him. No, it’s not. It’s considered a disability for job purposes. They have to allow her adequate leave to get proper medical care … just like with any disability.

He is just looking for an EXCUSE to fire her (saying that she missed too much work) because he can’t say it’s due to the pregnancy.

She needs to talk to her company’s Human Resources department right away, or at least this guy’s direct supervisor. If he’s really “the boss” she should contact a lawyer and get a consultation to find out what her rights are. The threat of a lawsuit may be enough to dissuade him from firing her. But if he’s determined he’ll do it anyway, and then she’ll just have to sue him.

]]> By: kswildangel http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-1667 kswildangel Tue, 23 Feb 2010 10:38:54 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-1667 You would need to research the labor laws in California, and MOST IMPORTANT read the contract and handbook that she signed when getting hired at her employer. They are usually really specific with it. If she has FMLA, that's usually for a solid block of missing work, and it guarentees her job . . . but usually for maternity leave. If she has PTO or sick time that she can use, and a legit excuse, MOST employers will overlook it, especially with a pregnancy. #1 is to read her employee handbook and see what their policy on missing work is. Like I said, they're usually within their limits, but if they overstep their own policies, she has every right to fight them on it. . . but why would she want to keep working there if she doesn't feel secure working there because of their additude about this? If they DO fire her, and you think they were out of line, contact a lawyer to look over the handbook, and keep ALL of the doctors notes (or copies of them) and make the company put their "warnings" into writing . . . because if it's not written down, she has no case. Good luck! Wish her the best for me! BTW FYI I know Kansas has an "at will" employment policy, but you CAN consider firing someone because they are pregnant as descrimination . . . with the right lawyer. . . just remember it's all about the attorneys and making sure everything is written down as proof. You would need to research the labor laws in California, and MOST IMPORTANT read the contract and handbook that she signed when getting hired at her employer. They are usually really specific with it.
If she has FMLA, that’s usually for a solid block of missing work, and it guarentees her job . . . but usually for maternity leave.
If she has PTO or sick time that she can use, and a legit excuse, MOST employers will overlook it, especially with a pregnancy.
#1 is to read her employee handbook and see what their policy on missing work is. Like I said, they’re usually within their limits, but if they overstep their own policies, she has every right to fight them on it. . . but why would she want to keep working there if she doesn’t feel secure working there because of their additude about this? If they DO fire her, and you think they were out of line, contact a lawyer to look over the handbook, and keep ALL of the doctors notes (or copies of them) and make the company put their “warnings” into writing . . . because if it’s not written down, she has no case.
Good luck! Wish her the best for me!

BTW FYI I know Kansas has an “at will” employment policy, but you CAN consider firing someone because they are pregnant as descrimination . . . with the right lawyer. . . just remember it’s all about the attorneys and making sure everything is written down as proof.

]]> By: Meesh http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-1666 Meesh Sat, 20 Feb 2010 23:19:29 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-1666 It is not legal in any state. Tell your cousin to get a copy of the Federal Family Medical Leave Act, and a copy of the California Family Medical Leave Act. If her supervisor continues to threaten her, she will need to make documentation and if need be file a harrassment report. She will need to become familiar with the grievance process at her job if this is the case. It is not legal in any state. Tell your cousin to get a copy of the Federal Family Medical Leave Act, and a copy of the California Family Medical Leave Act. If her supervisor continues to threaten her, she will need to make documentation and if need be file a harrassment report. She will need to become familiar with the grievance process at her job if this is the case.

]]> By: Morgan http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy/comment-page-1#comment-1665 Morgan Thu, 18 Feb 2010 11:49:05 +0000 http://www.tropicalmedicines.net/can-an-employer-in-california-fire-a-pregnant-woman-for-missing-work-due-to-complications-with-pregnancy#comment-1665 it's agaisnt the law to fire someone over pregnacy. check out the pregnacy and labor laws in your area. it’s agaisnt the law to fire someone over pregnacy. check out the pregnacy and labor laws in your area.

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