I'm consider high risk pregnancy due to my past two pregnancy, that I lost. I found out I was pregnant in June,2011 and was took out of work in Aug,2011 due to being high risk pregnancy. I turned my medicial records and FLMA paper work to my employer. The paper work stated I would be able to return to work on Jan,2012 due to my pregnancy. My employer signed the paper work and was aware of my sitiuation. I recieved a paper today stating that I will be terminated Oct 31,2011 if I don't return to work. But my doctors will not let me return to work due to me being high risk and past pregnancy till Jan,2012.
Employment / Labor Attorney
If your employer is covered by the Family and Medical Leave Act (FMLA), and you are an eligible employee, you can use up to 12 weeks of leave per 12 month period for your serious health condition. Pregnancy is covered by the FMLA. However, if you are unable to return to work after the 12 weeks are used, then the employer is not required to provide you further leave and may terminate your employment. In certain circumstances, you might be entitled to additional leave as a reasonable accommodation under the Americans With Disabilities Act. However, I do not believe you would be covered. You should still consult with an attorney who handles employment law to discuss this matter more fully.
Kirk J. Angel is a North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 14 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.
1 found this helpful
Personal Injury Lawyer
FMLA, family medical leave act, allows you to be gone 12 weeks. Whenever anyone feels that they may be wrongfully terminated, best thing to do is to search Avvo for a wrongful termination lawyer in your city, and call for a free consultation to discuss.
Click on name or picture to see profile page.
1 lawyer agrees