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View Full Version : pretty much fired in MARYLAND after i came back Maryland


sparky2547
02-26-2008, 03:39 PM
anyone who knows the law on maternity leave please help me i am a medical assistant at a doctors office i have worked there for 2 and a half years and i went back to work today only to find out that the dr i worked for dr. joseph aleo had replaced me and i was now what is called a floater without ever talking to me i do not have any hours i only get to work now when someone calls out sick or can not make it in. i was told this when i arrived this morning it was like he spit in my face after working there for two and a half years and i was due for an evaluation in september and a raise maybe im venting a little but i feel so pissed off that he would do this. PLEASE HELP IF YOU CAN THANK YOU

Marketeer
02-26-2008, 04:02 PM
Was your absence covered by the Family and Medical Leave Act (FMLA)? Did all three apply:

1. You've worked for the employer more than 1 year (we know that).
2. You've worked more than 1250 hours in the past year.
3. The employer has 50 or more employees within 75 miles of your job site.

If so, then you were entitled to 12 weeks of unpaid leave with job protection. How much time did you take off?

Unfortunately, many doctor's offices are too small to be subject to FMLA.

sparky2547
02-26-2008, 04:05 PM
All 3 items you listed apply

Betty3
02-26-2008, 04:41 PM
You were entitled to 12 weeks of unpd. job protected leave under FMLA - how long were you off?

The Pregnancy Discrimination Act might still apply here if you were off for more than 12 weeks. It means they have to treat you being off for your pregnancy like they would have treated any other employee off for any medical condition (such as a broken leg) - if they would have reinstated them to their original job being off the same amt. of time you were, they needed to do the same for you.

joec
02-26-2008, 04:45 PM
P.D.A I believe is 8 employees. Don't hold me to it though. There may be a state law for it as well.
JoeC

Betty3
02-26-2008, 05:02 PM
It's 15 employees - federal & Md. However, she indicates that there are over 50 employees. (I just mentioned the PDA in case FMLA didn't apply for job protection - if took off over 12 weeks.)

Marketeer
02-26-2008, 05:16 PM
Violations of FMLA should be reported to the U.S. Department of Labor. That's assuming that you were out 12 weeks or less.

ElleMD
02-26-2008, 10:58 PM
How long were you off work? What reason was given for the change in your job?

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