I am currently 8 months pregnant and was just suspended (without pay) from my job.

They are "investigating" the situtation (it was said that I falsified my time card. However, it was a mistake and it is clear that it was).* Anyway, it looks like I will in fact be fired.

Now, I have insurance through work. According to HR I will be able to keep it while suspended, but once I am fired I can only have it through COBRA (of course, I in no way can afford COBRA).

Is there anything I can do? I was told to try and get my doctor to sign off on me needing to take leave now (instead of waiting until after the baby is born) I am waiting to hear backk from my doctor (they were completing the form). I am high risk as it is, but was trying to save all my time for when the baby comes.

I don't think I can collect unemployment if fired, which means I will have no money whatsoever.


*We clock in using a computer program. If we forget to clock in or out, then we just let HR know and they will correct it. In Dec. I forgot to clock out on Friday. When I came into work on Monday, I clocked out and right back in. Later that day, clocked out (our office closed early due to the holiday). When I arrived to work Wednesday (we were closed Tuesday as well) I received an email from HR. She asked what time I left the 31st. Not thinking, I said 3:30 (which is the time I left that Friday the 28th). She questioned it, because we closed at 2 on the 31st. I explained that I had the days mixed up and she could see that I did clock out on the 31st, but not on the 28th (when I left at 3:30). She said she would fix it.

Also, two weeks ago I left early. I didn't clock out (I was in a hurry due to not feeling well). When I returned, I emailed her and asked her to fix my time. I acidentally put 4:30 instead of 9:30 (I almost never stay until 4:30, so it should have raised a flag with her. Still, it was my fault. I didn't realize that I even put the wrong time until yesterday). I then told my coworker (who keeps track of whether or not people are at work - my boss was on vacation) that I wanted to use a partial sick day for that day. Again, it would seem to me to be obvious that I put the wrong leave time, if I was asking to use a sick day.

I tried to explain this yesterday (I had a meeting with my boss and HR). My oss refused to say anything and HR just kept saying I was lying. She had the emails and even though I showed her what happened (especially regarding the 12/28 12/31 mixup) she wouldn't listen. I was told that I was suspended and that the matter would be investigated (she said that there may be more times I did this. I am either the first or second person to work- the other is my boss. I leave earlier than anyone else, so it is pretty easy to know when I go and go). She wouldn't tell me how long it would take and provided nothing in writing. The only thing my boss said or did was ask me for my key.

I have a feeling they just want to get rid of me (our industry has slowed down a lot and I don't have as much work as before).

Unfortunately, when an employee has multiple errors on their timesheets and it is always in their favor, it does look suspicious. It may be truly an error but it at a minimum tells the employer that you are not paying attention to detail.

Filing paperwork to go out early will not help you. If you would be terminated anyway, you can be even if you do find a doctor willing to write you a leave slip. Not to mention your employer can request a second opinion. This situation practically begs them to do so. Leave is not a shield to get you out of trouble.

There is no time limit on long long an investigation must take. If fired, you can file for UC and as long as you are wiling, able and actively seeking work, you should be eligible. It is unlikely that timesheet errors would be enoughto disqualify you.

I though you couldn't be fired if you take FMLA. I do have a doctor's appointment tomorrow to discuss the situation. If my doctor does sign off on taking leave, then what? Wil I not be able to apply for unemployment then?

I am worried about unemployment. If I am fired, then I know I can appeal, but what are my chances of winning that? I am willing to work, but since I will be having baby soon, won't I be ineligible to collect (since I can't work)?

You can not be fired because you need to take FMLA. FMLA does not provide protection against being fired for other reasons.

If you do take FMLA, or at least file to take it, you are going to have a hard time qualifying for UC. If you can not work, you don't qualify. If you can, even if you are 8 months pregnant, you have a chance. Either side can appeal but for something like this, it is unlikely you would be disqualified entirely.

You cannot be fired BECAUSE you take FMLA. But FMLA does not protect you from a firing that would have happened regardless. Nothing in FMLA or any other law gives you a blanket protection from firing regardless of reason.

You will not be eligible for unemployment for the period of time that you are medically disabled. You *should* (not guarantees) be eligible for any time before and after.