Human Resource Blog

Pregnancy Discrimination Help

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I am 8 months pregnant and starting a month ago my morning sickness was getting the best of me 2 to 3 times out of the week. I have had to call in to work because of getting sick. I’ve worked at my job for 13 months. Two weeks ago my boss dropped my 5 days a week 40 hrs. to 2 days a week with only 13 hours. Last week one of those days I had to call in because I was sick in bed again. Last Thursday I went in to talk to my boss about my hours being cut to less than part time. My hours were cut she said because of calling in sick . After we talked I asked what next week’s work schedule was and she said she didn’t have me on next weeks schedule and that she was going to take me off the whole schedule because I don’t even come in on the 2 days she has me scheduled. I can’t control what days my pregnancy is going to make me sick. She said she is not firing me I still have a job there. I can’t afford to just be taken off the schedule, I am very capable of working still and going from full time to part time is just fine with me but is it legal for her to just take me off the work schedule? Is that discrimintating against me because I’m pregnant? Is there anything I can do about being laid off and being pregnant? There are rumors at work that my boss said if I wasn’t pregnant she would have fired me by now. Please help me to find out any information that might help me please and thank you for your time. Jessica

Jessica, if your employer has more than 50 employees within 75 miles you may be entitled to unpaid leave under FMLA, the Family and Medical Leave Act. Employees can take FMLA intermittently for morning sickness.

Request FMLA leave from the employer if you qualify. Your doctor will need to certify that your condition requires intermittent leave, but that should not be difficult. Under FMLA, you must be given your regular schedule and allowed to take off when necessary. Be aware that under FMLA you receive a total of 12 weeks of unpaid leave, so any time that you take off now will reduce the leave available when your baby is born.

It is no doubt true that any employee who had such poor attendance without a legitimate medical reason such as pregnancy would be terminated. There is nothing wrong with your boss telling other employees that – she simply wants to make sure they don’t start calling in sick 2 or 3 days per week.

If your employer is too small to qualify for FMLA, then she must treat you the same as other employees with a medical problem. Surely you can understand her frustration, because even when she schedules you less, you don’t come in? If you were healthy and your attendance was good, she could not force you to go on leave. Under the circumstances, she is being more than fair in trying to adjust your schedule and not terminating you.

A number of states also have family leave laws. Please post a question mentioning your state for a more specific answer.