So, I work for a big company located in SD. I recently found out that if you work for said company for less than one year and if you are pregnant and decide to take maternity leave of any length that you will be forced to quit you job and asked to reapply if you wish.

How is this legal? First off, how can they force you to quit? How can they say you have no right to even 2-6 weeks of unpaid leave?

Second of all, don't they realize they are wasting more money firing people and spending money to re-hire and train new people to take these women's jobs?

One woman has worked there for 10.5 months and due any day and was told she will be forced to quit. Something isnt right if you ask me. Why hire women at all then

Oh, and they hired me knowing I was 6 weeks pregnant

See if this applies in your situation ...

EMPLOYEE ELIGIBILITY
To be eligible for FMLA benefits, an employee must:


work for a covered employer;

have worked for the employer for a total of 12 months*;

have worked at least 1,250 hours over the previous 12 months*; and

work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Check the full fact sheet on this on the link below...
http://www.dol.gov/esa/regs/compliance/whd/printpage.asp?REF=whdfs28.htm

What is the astericks for?

I won't have worked for 12 months, nor have the other women, but to make the 1,250 hours, it will only take 7.5 months

I am not concerned about paid leave or any other benefits. I am fully covered (prior service and hubby is active Army) and I just want to have a job to go back to and not have to go through hoops of having to quit and reapply for a job that I shouldnt have to give up in the first place. I just don't understand why there is ANY LAW that allows a business to force someone to quit just because they are having a kid even if they have worked there 2 years or just 8 months. It isn't right

This FMLA law is the only federal law that is currently on the books to protect an employee upon returning to work, after a serious health condition. Unless there is another state law, there is no law requiring the employer to accomodate your wishes. It would appear that the employer is not in violation of any federal law if he chooses to terminate your employment, for your medical condition.

I do not see how you could be forced to quit. Simply do not quit. Let them terminate you. Someone has to be the moving party and separate employment.

For example if your doctor takes you off work tell your employer here is the doctors note and I have not quit but I am having a baby.

When released from the doctors care file for Unemployment insurance.

They will have to be the one to let you go because the will not accomodate you.

Write them a letter that you have no intentions of quitting . Request a letter if you are terminated .

I just do not see how an employer can force someone to quit ? The may use the employees volantary quit to disqaulify UI claims.

It would be legal if they also do not extend unpaid leaves for other medical conditions of a similar duration. They can not only refuse leave to those who are pregnant, but they aren't obligated to offer leave if you don't qualify for FMLA either.

In order to qualify for UI, you would have to be ready willing and able to accept and seek employment. If you doctor takes you off work, you don't qualify.

It just makes no sense to have laws to protect pregnant women looking for work, but yet nothing to protect those same women who have a kid when they have been working for less than 1 year with a company. It doesnt have to be benefits or paid leave, but why cant that job slot be held for a woman for 6 weeks? Its not that long of time. GOV't is screwed up on this issue if you ask me

Listen, up until a few years ago, there wasn't ANY job-protected leave. What you have to understand is that the law is trying to reach a compromise between the employers and the employees. It's not fair to the employer to require them to grant 12 weeks of job-protected leave to an employee who's been there only a few weeks or months; the business needs to continue as well.

In any case, the law is the law.

Actually, the same law that protects women when job hunting and pregnant applies to leave as well. They must be treated just like anyone else. If an employee who would be out for a similar amount of time for say surgery would be granted leave, then a woman giving birth must as well. If the company simply does not offer any lengthy unpaid leave until one year, pregnant women do not get any special treatment.