Losing Job position due to Pregnancy?

Question

So, I'm gonna start from the beginning. I have been employed with my company for 12.5 years. 9 of those years I spent working my way up to salaried management, which I have spent the last 3 Years doing. On January 16th I had a TIA (mini stroke) this caused me to miss 8 weeks of work and because my vision was still messed up My employer wouldn't let me return due to needing to possibly drive cars in and out of the garage, or so they lead me to believe. Earlier this week I was informed that they had my position posted while I was out on fmla because by the tia I was released to full duty my 12 weeks of job protected leave were up. An hourly associate came to me and told me they were filling my spot when I go on maternity leave. I left this go with a grain of salt because the rumor mill is a vicious cycle. But the thought of losing the job that I worked so hard to get being stripped from me because I'm having a baby got the best of me. So, I went to my manager and he informed me that the rumor was true. And they previously had me replaced but I returned before the job offer was signed. My questions to you are, have any of you been through this and, how did hourly employees know about this devastating news before me. Oh yeah and my manager knew this was the case for the last 6 months and his reasoning for not telling me was because I'm high risk. This year has been not great. TIA, lost my grandmother, watched my father die for 5 months, my home was hit by a flood, and now I'm Losing my job, because of the one miracle my beautiful baby girl, my little glimmer of hope this year. Any advice?

Answer

I dk what state you’re in but I’m pretty sure they have to allow you maternity leave and can’t fill your job. I’d start looking up laws and maybe find a lawyer.

Answer

I believe according to FMLA, you are entitled to your position or an equivalent one when you return from leave. So technically they could move you to a different department or something as long as the job pays equivalent. They can’t just fire you though.

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I’ve heard of companies opening up temporary positions while someone’s gone on maternity leave, but not actually replacing that person full time.

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FMLA is job security for when you get back. They legally cannot replace you UNLESS you do not come back by the date you put on it then its "voluntary quit"

Answer

You need to get a lawyer. A lot of lawyers who specialize in labor laws won’t charge you until you win. Also if they admitted to filling your position while you were on FMLA you can sue. Legally they cannot . They can get a temp and that is about it . Good luck . I hope to do get a lawyer .

Answer

I agree with everyone else about hiring a lawyer or at least looking into one who handles this sort of case and asking questions. In PA they are not allowed to let pregnant women go or fire them. I’ve actually been told that people walk on eggshells around pregnant women and roll out the red carpet because they are scared to do or say something wrong and end up in a lawsuit.
Good luck !

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I’m not 100% sure but you might only get 12 weeks FMLA per year. When are you due? If you’re due in 2019 you are entitled to 12 weeks FMLA again I think. Call HR and call the EDD in your state. FMLA is federal so independent of where you live.

Answer

Here in Cali you get 6 weeks of paid leave and another 6 weeks of unpaid leave . You can also do 4 weeks of paid leave before the baby is due... they are required to hold your position for 12 weeks while you’re out and usually they fill the position for that time being but when you are done from leave you get the position back. I’m taking my leave soon and one of the employees is going to move up to my management position while I’m gone but as soon as I come back she’s moving back down and I get my position back. I would speak to HR if I were you and get more info on your state laws

Answer

In Idaho where I live pregnant women are considered special class. Employers have very strict laws they have to follow when it comes to maternity leave and working with pregnant women. They cannot fire you or give your position away. If they do they need to find you a position that is equivalent pay and hours. I would definitely talk to a lawyer.

Answer

You get 12 FMLA weeks per year, not per incident. Is that maybe why they were letting you go? 
I know at my job, I only took 8 FMLA weeks off when I had my children and saved 4 weeks because my son has epilepsy and I need to be off with him sometimes. 
You already used 8. Could you only take 4 off for your pregnancy? That’s not much. The maternity/paternity laws in the US are a joke.

Losing Job position due to Pregnancy?

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