I have been with my company in Michigan for about 3 months now, and my boss called me into her office and told me they don't offer any kind of maternity leave there. The Family leave act doesn't apply until I've been employed with the company for 12 months. She said when the baby is born and I take my maternity leave whether it being 6 weeks to 12 weeks, when I decide to come back to work, there will be no positions available for me. She'll have to hire someone to take my spot while being gone, and when I come back there will be no work for me. So basically I'm fired and out of a job. She recommended that I start looking for a new job now, someone that offers maternity leave and can guarantee me a job when I come back. Can they do this?? I feel this should be illegal and was reading up on laws. I don't know if they can do this because I will only be with the company for about 9 months when I have to take my leave. Please help :(

Also, if they fire me, can I collect unemployment?
Thank you to whoever responds!

You are not going to be fired because you are pregnant or a parent. You will lose your job because your absence will exceed what the company will allow and their allowance does not violate laws.

If you are not eligible for leave under the Family and Medical Leave Act (FMLA), then the company has not legal obligation to hold your job for you. The only legal requirement would be to treat you no differently than it would any non-FMLA-eligible employee who needed to take 6 to 12 weeks of leave for a non-maternity condition. So, if they wouldn't hold the job of someone who wasn't eligible for FMLA and needed l6-12 weeks leave for pneumonia or a broken leg, they don't have to for you.

In order to collect unemployment, you have to be actively looking for and able to accept work.

File the claim for unemployment as soon as you would reasonably be expected to return to work. Every new mother is different some return to work a week or two after delivery as economic factor dictate they do this. The worst that can happen is DOL to deny your claim. The best they could approve it and you would have some income while you sought new employment.

The other posters are 100% correct in that if you are not eliglble for FMLA job protection they can fire you based on your inability to work, ie excessive absenteeism. I don't necessarily agree that this is the way it SHOULD be and I am sure it doesn't seem fair to you. It is however, within the law.

Good Luck to you.

Thank you very much!