PDA

View Full Version : FL Maternity Leave Maryland Florida


jennydot
05-14-2007, 06:18 PM
Hello,

I am writing for the first time. I started a new job in November and found out that I was pregnant. My first three months were terrible! I had to go to the hospital two times and was out of work for 2 weeks.
When, I returned from sick leave, I had a part of my district taken away from me. My boss stated that he just wanted me to get better. When I confronted him, he stated he can change our territory whenever.
Therefore, my production has been terrible. Now, he is threatening to fire me if it is not increased.
Is their anything I can do?

ElleMD
05-14-2007, 07:16 PM
How many employees are there?

Since you have been there for such a short period of time, your employer isn't obligated by law to offer you leave, even if you have a valid medical reason for it. If there are at least 15 employees, your employer can not take away your territory or fire you because you are pregnant but may do so if that is how someone who was off for another medical reason was treated. You also aren't insulated from business decisions that would have happened anyway. If the territories would have been reassigned anyway or because of your performance/ attendance anyway and you aren't meeting the goals, you only have the right to be treated as anyone else.

jennydot
05-14-2007, 07:36 PM
Thanks for the reply! There are over 3000 employees. How can I find out if people in the past were treated the same? Just before this, he gave me another area to cover. I communicated directly with him that I would be out by DR's orders. Then, he stated that I didn't communicate clearly with my terriority that I would be out. In my opinion, he was my boss and I was out on sick leave. Shouldn't he have communicated to my area that I would be out for 2 weeks?

ElleMD
05-14-2007, 08:27 PM
If it is your responsibility to be in communication about such things, then yes, he can discipline you for not doing so. Unless incapacitated totally, in which case he is being unreasonable, you can be expected to stay in contact with your territory. It isn't your boss's job to take care of your duties when you are out.

As for how others have been treated, you are going to need to look around. I can't tell you how others who have been working there for a similar period of time and requiring a similar amount of leave have been treated. Surely with 3000 people, someone has gone out for a surgery or illness or some other medical reason. Bear in mind that there are also sometimes very valid and legal reasons for treating employees differently. You might allow more flexibility for some positions than others. It may also depend upon how those others have handled the absence in terms of keeping their territory notified or making sure the work is being taken care of. I have no idea what you did to this end but if there were a lot of problems that resulted from the way the absence was handled, then your employer can certainly address those.

Why do you feel that the areas were taken away simply because you are pregnant or that if your absences were for non-pregnancy related reasons, they would be treated differently?

jennydot
05-14-2007, 08:38 PM
On my way to the hospital, I told my boss that I was pregnant. I didn't want to tell him. At first, I told him that I had the flu. But had to come clean, because I knew that I was going to be out for some time.
The day I returned, he stated he was changing my region, because he wanted me to get better, not because of production or my time away from work.
At this point, I had only worked for the company less than a month. I can not think of any other reason that my best area would be taken away from me.

cbg
05-14-2007, 09:41 PM
That still doesn't show that he wouldn't have done the same thing if your absence had been for a non-pregnancy reason.

ElleMD
05-15-2007, 07:30 AM
The fact that you had only been there less than a month and initially lied about why you were out gives him a very good reason to not trust you with the best territory. I think you really have an uphill battle to show that it was only because you were pregnant that he took away this territory from you.

moburkes
05-15-2007, 09:36 AM
I agree with the above posters. It doesn't sound like this one is winnable, OP.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements