Can I be layed off work due to being pregnant and unable to do my job?

Question

I currently have a Drs. Restriction stating I cannot preform my normal job duties, therfore my employer had gave me an office position by switching me and someone in the office to do my job. The person who is doing my job is no longer going to be able to do it so they are hiring someone to do my old job, leaving me with nothing. I am not due until Feb. 20th so there is no way my Dr. is going to OK FMLA leave in December. If they do tell me not to come back until after I have the baby, can I draw my unemployment benefits until The Dr. OK's FMLA, and can my employer deny it?

Answer 1

I don't think any employer can refuse you the government FMLA rights. We have to use all of our paid time off/ vacation time before we can qualify for the 12 weeks off, through the FMLA.

I would check with Human Resources, if you have such a department. If you work at Mc'Ds, sorry about your luck, but hey...you aren't getting burned by fryer grease doing office work. :D

Answer 2

no they cannot do that. You should be on medical leave because medically you can not do your job. You should then go on FMLA when you have the baby. It is not the same thing and I would fight it. Do not let your job force you into something you don't want. You have rights.Contact an attorney or the dept of labor. Hope this helps

Answer 3

I feel your employer is being very sensitive to your situation in allowing you to be laid off and draw your unemployment . The only other choice is for you to take a leave of absence without pay. Should you take a leave of absence because of pregnancy you can have your job back after the baby is born. Congratulations and may you have a strong and healthy baby.

Answer 4

You can get unemployement in most states if you cannot work for a medical reason like this. Your employer should continue to work with you. Since you are pregnant you are in what is referred to as a "protected class" and your employer needs to make sure that they do not discriminate against you.

Answer 5

I'm not sure if you can get unemployment for that, considering your doctor has only given you restrictions, so technically you can still work. Just not the particular job you normally do. BUT, if you have disability benefits, then I know you can use that. Good luck!

Answer 6

I don't know if you have any protections other than FMLA. I doubt you could draw unemployment because to do so, you need to be available for work. Unemployment is not disability.

Answer 7

the reason you were switched was because of your pregnancy. once you deliver and return to work, in theory, you're supposed to get your old job back - the one you couldn't do while pregnant - the new hire goes to where you were when you were pregnant. companies generally cannot discriminate against you for being pregnant. i am not sure how strong your anti-discrimnation laws are there, but you should have job security even when pregnant; but that will depend largely on your local laws.

Answer 8

Sounds like they gave you a new job you can do. What is the problem?

Try asking if they plan to give you your old job back if that is what you want.

If they say no, and you don't like your new tasks, then get a new job elsewhere after your maternity leave.

Answer 9

No way!! You could sue them for laying you off. I am pretty sure they have to find something for you to do. My doc took me off work when I was 7 months pregnant because I stood for 8 hrs. a day. It became too much. Your doc might can do the same. Tell him what's going on if you haven't already. Good Luck!!

Answer 10

Rather than unemployment insurance, you may be eligible for short-term disability.