can u get fired from work for being sick a few days while you are pregnant?
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My wife is pregnant and has been sick from work a few days during her pregnancy and today she was written up and told the next time she is sick she will be fired. Is this legal under FMLA?
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3 Responses to can u get fired from work for being sick a few days while you are pregnant?
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Pregnancy is a temporary disability no matter what stage it’s in. I would file a claim. This is really skating on thin pregrancy discrimination ice. She was sick because she was pregnant and she was fired because she was sick.
Here is some more information Women’s Guide to Pregnancy on the Job
Check this out. This scenario is ILLEGAL. At my dentist’s office, one of the RDA’s got pregnant. The dentist thought it would be in her best interest to work in the front office while she was pregnant as not to be exposed to vapors and stuff while doing her regular RDA tasks. That is completely illegal no matter how well intented the dentist’s concerns for her were.
You have omitted some vital information, 1. is the company over 25 employees? 2. Is she currently covered by FMLA based on a doctor’s recommendation? 3. Has she informed the company? 4. Has she worked there for at least 12 months? You see if she is just assuming she is covered because she is pregnant without filling in the proper paperwork, then yes they could fire her. She needs to get authorization from her doctor and her place of business. Just because she is pregnant does not mean she is automatically covered by FMLA, without a doctor’s excuse for her time off she is not even covered under fair labor laws based on pregnancy. Remember regulations for FMLA vary per company. Some require all vacation or sick days be used prior to FMLA kicking in, others allow you to save up to a week of vacation time. I would guess since you are asking, she has not filed the proper paperwork with her company to even be covered by FMLA.
Did she apply for FMLA? She has to make sure she qualifies and get her doctor to fill out the paperwork, then when she is ill during the pregnancy she needs to tell them when she is calling out for an FMLA related event.