Laid Off While Pregnant – What Does the Law Say?
The jobs of women who request maternity leave for pregnancy and post-pregnancy are protected by law. However, some employers will lay off women who get pregnant and hire new workers in order to maintain certain levels of productivity. Women laid off while pregnant can take legal recourse, but their case will depend on being able to convince a judge that their employer only let them go because they were pregnant. This will require the advice and representation of skilled legal representatives like Tobin, O’Connor and Ewing.
FMLA: The Family and Medical Leave Act
Firing a woman just because she is pregnant and takes maternity leave is a form of discrimination. FMLA allows women who work for a company employing over five people and who have worked at least 1250 hours in the past year to take no more than 12 weeks of unpaid leave due to pregnancy. They are assured an equivalent position when they return from their unpaid leave.
If you are laid off after applying for maternity leave, a legal representative may be able to present your case as being in violation of FMLA and help you either receive compensation or get your job back.
You are not allowed to be dismissed just because you are pregnant, and you are not allowed to be denied maternity leave.
If you are laid off immediately prior to requesting maternity leave, you may also be able to receive compensation in the form of health benefits and wages, depending on the exact terms of the layoff. This is where a good lawyer is vital. We will help you go over all the documentation and build a case to help you receive the compensation provided for you by the law. You are advised to remain in close communication with your company prior to taking maternity leave with regard to your health benefits and job security.
To discuss how we may help you achieve your legal objectives, contact Tobin, O’Connor & Ewing. We can be your best resource, and we look forward to serving you.