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View Full Version : Laidoff while pregnant--Louisiana


rarie101
09-14-2006, 07:16 PM
From Louisiana...I am 4 months pregnant and receive insurance benefits through my company/employer. I was told today that I will be laidoff in the very near future due to "policy changes" and "cut backs" in the company. Is there any legal action that can be taken to ensure either my job and/or my insurance benefits until the birth of my child? Any information on or related to this topic will be greatly appreciated.

billingGirl609
09-14-2006, 07:30 PM
i've heard here in NJ there is a Law that a employer cannot fire you if you are pregnant, but i don't know about your state, maybe calling the department of labor they can give you some information good luck :)

cyjeff
09-14-2006, 07:33 PM
i've heard here in NJ there is a Law that a employer cannot fire you if you are pregnant, but i don't know about your state, maybe calling the department of labor they can give you some information good luck :)

I haven't heard of this. Can you post a link to the law?

Even if it is the case, you may or may not be fired because you are pregnant, but you may be fired in spite of it.

Was anyone else laid off?

billingGirl609
09-14-2006, 08:15 PM
WHAT THE LAW SAYS

Federal and State laws make sure that Americans are able to have
children without losing their jobs. Discrimination against you
because you are pregnant violates the Civil Rights Act of 1964.

Under this law, employers who have at least 15 workers are not
allowed to:
o Refuse to hire a woman because of pregnancy
o Fire or force a worker to leave because she is pregnant
o Take away credit for previous years, accrued retirement benefits,
or seniority because of maternity leave
o Fire or refuse to hire a woman because she has an abortion

You must be allowed to keep working as long as you are able to do
your job. Your boss cannot make a rule about how long you must stay
out of work before or after childbirth. If your company does not
offer sick leave, then it may be discriminating against pregnant
workers.

Your employer must treat you at least as well as he/she treats other
workers who can't do their jobs for a short time. For example, if
your company lets a worker go who had a heart attack or broken leg on
paid or unpaid disability leave, you must also have this right if you
are unable to work because of pregnancy or childbirth. If your
pregnancy stops you from being able to do your job, you have the
right to be given easier duties, if other workers who can't do their
jobs for a short time get this right.

Many States have equal employment opportunity laws that protect
against pregnancy discrimination. In addition, the States of
California, Hawaii, New Jersey, New York and Rhode Island, and Puerto
Rico also pay partial wages during time off from work for medical
problems, including those of pregnancy. Find out if your State has
this law, which is called "temporary disability insurance." Some
employers, especially larger companies, also offer this type of
insurance. Check your benefits.

sorry this is the only info i found good luck :)

http://www.lectlaw.com/files/emp31.htm

rarie101
09-15-2006, 05:10 AM
Agreed. I don't believe I am being laid off because I am pregnant, but I in response to your question, I am the only one at this time being laid off.

Pattymd
09-15-2006, 05:12 AM
Still doesn't mean that you can't be terminated IF you are pregnant. Only means you can't be terminated BECAUSE you are pregnant. If the layoff would happen anyway, and if others in your department/area who aren't pregnant will be laid off as well, that's a strong indication that YOUR lay-off is NOT related to your pregnancy. The law only requires that you be treated the same as any other similarly situated employee who is not pregnant, or who has a nonpregnancy-related medical condition. It does not grant any special rights to you because you are pregnant.

rarie101
09-15-2006, 05:15 AM
So basically I have to take it in the ear because the chances of my finding another job are slim to none thus I will lose wages for over 6 months, I will not receive the benefit of the short term disability I have paid to the company for over a year, and I will have to pay astronomical COBRA prices. This all just doesn't seem fair to me. Especially because I feel penalized for my decision to bring new life into the world.

Did I mention the company is hiring 2 new employees while letting go of me....all part of the policy change.

cbg
09-15-2006, 07:38 AM
There is no law in any state that says you cannot be laid off while you are pregnant, and I do not believe that any state will ever pass such a law.

You cannot be laid off, fired, etc. BECAUSE you are pregnant. But being pregnant does not protect you from an action that would have occurred anyway.

If you are not being laid off BECAUSE you are pregnant, then it is legal to lay you off. Someone else doesn't have to lose their job because the person they would normally have chosen HAPPENS to be pregnant at the time.

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