is it legal to be terminated at work, while on bedrest?

Question

I was put on bedrest 3 weeks ago for pregnancy complications. i was just informed by my employer that my insurance was ending and they are hiring a replacement. Is that legal?

Answer 1

In your previous question you stated you had not been with the company for 12 months therefore are not covered by the protection of FMLA.

You cannot perform the duties for which you were hired, so therefore your employer is allowed to replace you. You may be entitled to unemployment benefits, and you would also be entitled to COBRA your insurance.

Answer 2

There are a LOT of things you haven't told us that would determine if this is legal or not. First off, what's the size of this company? I presume you are in the US, is that correct?
What state are you in? What kind of company do you work for? Were you a full-time employee?

If you're in the US, you're covered under the Family Leave Act for 12 weeks of unpaid leave.

http://www.dol.gov/esa/whd/fmla/

However, some places of work don't have to follow this law. If your employer has less than 50 full time workers, they're exempt, for example. If you're not a fulltime employee you're not covered.

However, some states have enacted additional legislation, over and beyond what the Federal Government requires, so you need to check your state's regulations, if your company is one that is exempted by Federal law.

If you're covered, you should contact the Department Of Labor. It's their job to ensure your company complies with the law. And start looking for another job as soon as you get your baby delivered. If the DOL makes them take you back, you and I both know they'll be itching for any excuse to fire you when your time off is up.

Answer 3

Not if you are on an approved medical leave with your employer. If you provider put you on bedrest, you must notify your employer and go throughthe proper channels for approval to secure your job. If approval is not obtained, then your employer has every right to replace you due to buisness needs.

Answer 4

you will choose a legal expert. He can negotiate with them for you according to hazard they'll waive the visual charm until eventually after the child is born. or you ought to objective to cover her out til she has the child yet you run the probability of her getting taken away in cuffs. She could have long previous to the listening to except she broke probation or has very serious can charge they in all likelihood might have released her until eventually the arraignment. in case you in common terms can not arise with the money for a legal expert - call the familiar public defenders place of work and you pass see them and clarify with information what is going on according to hazard they are able that can assist you you.

Answer 5

most small business operate on a very narrow profit margin and with very few employees. i had a similar situation where i hired a young woman who showed up the next day and then was absent for two weeks with no notice at all. she came with a note from her doctor that she need rest to avoid a miscarriage, i told her i was sry for her problems but i need help and if she could not perform, then i was forced to hire someone who could.

she ranted and raved that i could not do that but i had no choice, she threatened but since she had not 'worked' for me, i got off but it could have been sticky with lots of legal fees that i could not afford.

i sympathies with her but she should also know my problems. i am sry for you but it is you choice to become pregnant and the consequences that entails. i wish you luck with the baby and employment.

Answer 6

If you didn't file leave under the FMLA then your employer can terminate your position. Even if you filed under FMLA you employer only has to hold a position for you and not necessarily your previous job.

Answer 7

It all depends on how they handle other employees who are unable to work due to disability. If they are terminated also, then it is legal. Here are the basic facts about pregnancy discrimination:

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Hiring
An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers.

Pregnancy and Maternity Leave
An employer may not single out pregnancy related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy related conditions to submit such statements.

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth.

Employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave.

Health Insurance
Any health insurance provided by an employer must cover expenses for pregnancy related conditions on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life of the mother is endangered.

Pregnancy related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable and customary charge basis.

The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No additional, increased or larger deductible can be imposed.

Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Fringe Benefits
Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy related conditions if benefits are provided for other medical conditions.

If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy related conditions.

Employees with pregnancy related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.

Answer 8

An employer needs employees. If your position needed to be filled the employer has every right to fill it.

Answer 9

It's not legal if you have FMLA coverage, and may not be legal even if you do not.
Contact an attorney ASAP

Answer 10

Do you really think the results will be different if you keep asking this question?