i went into labor three weeks early and i was at work. i went to the hospital to have my baby. one week later i received a letter stating that i quit when i left to go and have my baby. so i called human resource and explain to her that i went into labor and she told me that because i was part time i did not have a maternity leave is that true is that fair please help :mad:

Maybe. How many employees within a 75 mile radius, how long have you worked there and did you work at least 1250 hours in the past year?

Is there a procedure that needs to be followed when you leave mid-shift such as calling the manager on duty? Did you do this? Did you follow the procedures for keeping your employer informed of why you were out?

Whether or not it is true depends on company policy. The law neither specifically requires nor specifically prohibits maternity leave for part time employees.

Whether or not it is fair, is legally irrelevant. Employers are not required to be fair; they are only required to be legal.

To determine if they are legal or not, we need to know the following:

How many employees does your employer have?
How long have you worked for this employer?
In the 12 months immediately preceding your leave, had you worked at least 1,250 hours?
How much, if any, TOTAL time did you miss for pregnancy-related reasons? That includes time for doctor's appointments, pre-natal visits, morning sickness etc., as well as the time for and after the birth.
Did you just leave when you went into labor, or did you notify someone that you were leaving and why? How long after that before you contacted your employer?

Maybe. How many employees within a 75 mile radius, how long have you worked there and did you work at least 1250 hours in the past year?

Is there a procedure that needs to be followed when you leave mid-shift such as calling the manager on duty? Did you do this? Did you follow the procedures for keeping your employer informed of why you were out?

their are about 200 employees are more. Iworked their for four years yes i did work at least 1250 hours I told my supervisor because the manager was at a meeting so as soon as i got to the hospital i called the manager and he informed me that he would put in my packet for my leave now if he new i was going to be fired why would he lead me to believe that

You didn't answer the question about how much time you missed.

I would schedule my appointment around my days off, but that is not the issue their was two other females pregnant at the sametime also parttime and they did not get fired are should i say ""voluntary quit"":mad:

I don't ask questions just for the love of it. When I ask you a question it's because I need the information in order to give you a correct answer to the question.

You may not feel the amount of time you missed is the issue, but I assure you that it's relevant to an answer. So you can either answer the question, or I can ignore yours. Your choice.

Then I really have no idea why you were fired if the others in the exact same situation were not. There has to be more to the story.

I don't ask questions just for the love of it. When I ask you a question it's because I need the information in order to give you a correct answer to the question.

You may not feel the amount of time you missed is the issue, but I assure you that it's relevant to an answer. So you can either answer the question, or I can ignore yours. Your choice.


its not that i don't want to answer your question this happen over a year ago last month and i don't remember but i can tell you on average i was at work 90 percent of the time.

And why did you wait over a year to take any action?

If you are looking for a discrimination complaint, you're too late; the window of opportunity to file a claim closed several months ago.

You MIGHT still be able to file a claim for an alleged FMLA violation, but since you don't know how much time you missed (and I assure you your employer knows exactly to the day how much time you missed) I'm not sure how you're going to present it.

I didn't wait too long I go to court tomorrow on that charge with eeoc. i just needed more insite and help to present my case if you can help thanks. Also i forgot to tell you that i had a baby while i was working at the company before and i was able to go back then so why is this time so different please help me understand:confused: :confused:

OK, BIG difference. If yo uare headed to court you really need to have a lawyer assisting you with this and you need to follow his or her advice. A little late if you don't have one now, but this board really isn't equipped to act as legal counsel for court.

We have no idea why your employer is acting like that are. We aren't them and your guesses are probably better than ours. You know them, we do not. We can give you some idea what the law says but when it comes to motive, we are at a loss.