[jrmagic116]

I'm currently about 6 1/2 months pregnant, I have hypertension. I had been going to the doctor everyday and being allowed to work when my bp was low enough. Unfortunately it hasn't stayed low, and my doctor told me I have to be on bed rest for the remainder of my pregnancy. He wrote me out a note for my boss, which I gave to him. He had nothing to say of course, just told me to keep in touch. The next morning I received a call from our HR department telling me I had to voluntarily resign and that they would not be holding any kind of position for me. I insisted to both people who were on the phone that this was not the case, I was not voluntarily resigning I was being told I couldn't work because it was medically necessary for me to be on bed rest. None the less, I went to pick up my check today, and they told me they didn't have it. All final pay checks are mailed. I just don't understand because I was under the impression you couldn't be fired for any kind of disability whether it was pregnancy induced or not. Since I have not voluntarily resigned and made that very clear to them I'm assuming they fired me?
I'm not sure what I can do about this, but it seems wrong to me. Please help.

[justcurious55]

What sate are you in? I believe these sorts of things vary from state to state

[excon]

Hello jr:

The only law concerning employment and pregnancy that I know of is the Family and Medical Leave Act

Here is just the overview:

---------------

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

For the birth and care of the newborn child of the employee;

For placement with the employee of a son or daughter for adoption or foster care;

To care for an immediate family member (spouse, child, or parent) with a serious health condition; or

to take medical leave when the employee is unable to work because of a serious health condition.

---------------------

Looks like you're covered. Here's the link to the US Department of labor website: U.S. Department of Labor - Employment Standards Administration (ESA) - Wage and Hour Division (WHD) - Family and Medical Leave Act

You might want to forward that link to your HR department, and tell them that you expect to hear from them within 72 hours.

That's what I'd do.

excon

[Justwantfair]

FMLA will also depend on the size of the company that you work for and you have to fill out the paperwork enforcing FMLA leave.

Have you discussed FMLA with your employer?

Also twelve weeks will not cover your job, because if you are 6 1/2 months pregnant you will need to be back on the job prior to twelve weeks of coverage and you have to have been working for your company for the required amount of time.

We will need more information about the size of the company and how long your employment has been with them, as well as how do you intend to be back to work within the twelve weeks? Can you?

[jrmagic116]

I'm in the state of Florida, my employer is Amscot Finicial, which is a very big corp. throughout Florida. I've only worked there for 4 months before this. Can they call me and tell I have to voluntarily resign?

[artlady]

The main guideline in Florida is that you must have been employed at your current job for at least 12 months to qualify.Also your pregnancy was a pre existing condition so I think they can very well request your resignation.
Family Medical Leave Act

[Justwantfair]

If you have not signed anything that says you have resigned then you may still file for unemployment. They will make there case at an appeal of whether your leave meant a voluntary resignation, they will have a hard time proving that and you can let an Unemployment judge decide.

[jrmagic116]

So its okay for them to tell me I have to resign because I'm pregnant, because I haven't been employed there for a year? That seems so ridiculous to me, when the Probation period for any job in fl is 90 days.

[jrmagic116]

If you have not signed anything that says you have resigned then you may still file for unemployment. They will make there case at an appeal of whether your leave meant a voluntary resignation, they will have a hard time proving that and you can let an Unemployment judge decide.

I didn't sign anything they called and told me, and tried to get me to say it and I refused I told them if they felt it was necessary they could fire me, but there is no way they are going to get me to agree that I've voluntarily resigned, when I haven't. My maternity leave would have come before 12 months of employment and they we're perfectly okay with that, and they've made exceptions for other employees in the past that I know for a fact.