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Im 37 weeks pregnant , can my company terminate me because I don't qualify for FMLA?

Bronx, NY |

they knew ahead of time when I was 3 months that I wasn't going to qualify for FMLA if I left work prior to Sept 4th. They also paid me STD already once, so wouldn't that mean that they approved me for it?

Attorney Answers 3

Posted

In NYC, the protections for pregnant workers are very strong. It will be a huge mistake for your company to let you go while you are out on short term disability (STD). If they do, consult the NYC Commission on Human Rights, or a lawyer.

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Posted

You may still be due a reasonable accommodation for your pregnancy, I would suggest scheduling a free consultation with an experienced employment attorney immediately.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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Posted

While employers generally can fire employees who happen to be pregnant, they cannot fire you because you are pregnant. I would recommend you talk to an employment lawyer about the specific facts of your situation.

My answer is based on the limited information provided in the question, and should not be considered legal advice. If you are looking for legal advice, you should contact an employment attorney. The Nirenberg Law Firm, LLC represents employees in New Jersey and New York. Please feel free to call us at (201) 487-2700.

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