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Wrk in Houston, TX; 5 months pregnant. Told my atty I wanted 3 months off maternity leave. The answer no. Can they fire me?

Asked over 2 years ago - Houston, TX

I work for a law firm in Houston, Texas. I am 5 months pregnant. I told my attorney that I would 3 months of maternity leave. He said he would think about it. I also talked to the assistant to the owner of the firm who informed me that more than likely the firm would fire me after 6 weeks. I work for Labor & Employment firm. I was under the assumption that 3 months would be the max. Am I wrong? Can I get fired over this?

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Attorney answers (1)

Kevin Allen Noland

Reputation Level 5

Answered about 2 years ago. Criminal Defense Attorney in Houston, TX.

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Under Federal Law (FMLA), you are entitled to 12 weeks of unpaid leave if:
1) The firm you work for employes > 50 people within 75 mile radius;
2) You have worked for the employer for a total of 12 months;
3) You have worked at least 1,250 hours over the previous 12 months.

You are entitled to 12 weeks within any 12 month period. So assume you have not used any FMLA leave time, you should easily be allowed the time away. Depending on the workplace policies you may also be required or allowed to use paid sick leave within those 12 weeks. If all conditions are met and the employer is required to comply with the FMLA, you cannot be terminated but, resolve the issue prior to taking leave.

You should speak with the firm's HR department and if that does not resolve your issues, then speak with an attorney familiar with employment issues.

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