I have been treated differently for being on "medical leave" as a result of my pregnancy than other employees on medical leave.

I was placed on medical leave as a result of my pregnancy. it has been two months. In this time I have been removed from employee group messaging, removed from the call list of employees, and my locker at work has had my name removed and it appears as though I am no longer an employee. I was told I was on "medical leave" until further notice, but never given a termination notice, however I have been replaced at work. A year ago, another employee was placed on medical leave and none of this happened to him as a result of his injury, he returned and was never taken off the payroll. My only issue is that I am pregnant. do I have a discrimination case?

Chicago, IL -

Attorney Answers (4)

Barry Cahn Boykin

Barry Cahn Boykin

Family Law Attorney - Chicago, IL

Have you actually been fired? Are you able to return to work and have you attempted to return to your duties? Is there an employee handbook that defines "medical leave"?

You have a possible discrimination case if you have actually been fired for a discriminatory reason.

See link below.

The information provided here should not be construed to be formal legal advice. The provision of this general... more
Betty Tsamis

Betty Tsamis

Employment / Labor Attorney - Chicago, IL

The facts you provided raise and inference of possible discrimination because of your status as pregnant. Generally, in IL, an employer must have 15 or more employees to be covered by the Pregnancy Discrimination Act or Illinois Human Rights Act. Our firm routinely assists individuals with these types of claims. Feel free to contact us directly for a telephone consultation.

Herbert J Tan

Herbert J Tan

Employment / Labor Attorney

In general terms, to prove such a claim, you must show,
1. you are a member of a protected class (which, as a woman, you are);
2. you were subject to an adverse employment action;
3. you were performing your job at a level that met your employer’s expectations;
4. your position was filled by a person outside the protected class, or alternatively, by someone who is similarly situated in your ability or inability to work who received more favorable benefits.

It appears that you have a possible pregnancy discrimination claim. I suggest that you find a local NELA attorney to assist you in assessing your claim.

Herbert Tan, Esq.
E-mail: Herbert@tanlaws.com
Website: www.tanlaws.com

The Mack Cali Building
One Bridge Plaza North, Suite 275
Fort Lee, New Jersey 07024
(201) 849-4548

Manhattan Office
305 Broadway, 14th Floor
New York, New York 10007
(914) 830-0215

Member of National Employment Lawyers Association (NELA)

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
Christine C McCall

Christine C McCall

Administrative Law Lawyer - Pasadena, CA

You don't have even a potential claim unless and until you are ready and capable of returning and your employer denies you the right to return. If your employer needs to get the work done while you are off, that is not at your disadvantage and does not create any actionable rights for you.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.