38 Weeks pregnant and my employer says I have only 6 weeks of maternity leave because I don't qualify for FMLA,

Asked about 1 year ago - Raleigh, NC

I have been with the company for over 6 years and started working part time the past 2 years. My pregnancy might not go as planned and if I have a c section I would not be able to come back till 8 weeks instead of 6. Can my employer fire me even if the doctor says Im not able to return yet,or will they consider it as me quitting if Im not able to come back yet?

Attorney answers (2)

  1. Kirk J. Angel


    Contributor Level 15


    Lawyers agree

    Answered . Yes. In North Carolina if you do not qualify for FMLA, then the employer is not required to allow you time off for any reason including pregnancy or another health condition. In rare circumstances, you might be able to argue pregnancy discrimination if the employer allows employees who are not FMLA covered, to have more than 6 weeks off for non-pregnancy related reasons. The bottom line is that an employer is not required to treat a pregnant employee better than a non-pregnant employee.

    Kirk J. Angel is an experienced attorney who focuses his practice on employment law. Mr. Angel, who has practiced... more
  2. Darrel S Jackson


    Contributor Level 17


    Lawyers agree

    Answered . One of the FMLA eligibility requirements is that you must have worked a minimum of 1,250 hours within the 12 months immediately preceding the leave. If you have been working part-time, then perhaps you have not met that requirement.

    My answers to questions posted on AVVO are intended to provide general information only, and are not intended to... more

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