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Can I get fired if I have a Doctors note to be our of work before my baby is due?

Asked Jun 7, 2011, 09:36 PM — 2 Answers
I am currently due in a few weeks. At the last doctors appointment I had my doctor mentioned me leaving work a little early due to the stress at my job not being good for me or the baby (it has been bringing on contractions, and I have been having problems sleeping) and I have been also been having very bad hip and leg pains that some times make it nearly impossible to even stand. She basically recommended me being on bed rest and was going to write me a note to be out of work. I told her I didn't want to because honestly, being in NY, I am afraid I will lose my job. I have only been there for a few months (they know of my pregnancy) and I do not qualify for FMLA. I have my disability paperwork all set to go for when I have the baby (for the 6 weeks after), but is there anything additional I need to know if I end up NEEDING to be taken out of work early? And can I get fired if I have a doctors note? Any help is much appreciated. Thank you.

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ScottGem's Avatar
ScottGem Posts: 58,123, Reputation: 28145
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#2

Jun 8, 2011, 03:39 AM


NY is an At Will employment state, so you can be fired for almost any reason. However, they can't fire you for bein pregnant. They may be able to dock you pay depending on company policy. Did they know of your pregnancy before you were hired?

I would talk to your boss and tell them about the doctor's recommendation to make them aware you may have to start your pregnancy leave early.
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AK lawyer's Avatar
AK lawyer Posts: 9,929, Reputation: 4217
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#3

Jun 8, 2011, 02:06 PM
Quote:
Originally Posted by ScottGem View Post
NY is an At Will employment state, so you can be fired for almost any reason. ...
Actually, I don't think there are any states that don't, in some way or another, follow the employment "at will" rule, although many states recognize one or more of several exceptions to the rule.
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