Hello all. I was terminated from my employment after 2 years of service yesterday. I am 30 weeks pregnant in a high risk pregnancy. I am under the care of an OB, a Perinatologist, a Physical Therapist and an Orthopedic Surgeon for my conditions. All of my care is being coordinated by my Primary Care Provider (providing referrals, guidance, ect). I have had to miss a few full days of work due to my disability and pre-term labor complications, but mostly I have missed bits and pieces of hour blocks for Dr appointments since August.

My employer notified me that I needed to provide FMLA paperwork to protect my rights the begining of February. I had paperwork completed by my OB, my Perinatologist and my Primary Care Provider. My employer advised me that the OB and Perinatologist paperwok could not be accepted as they were not "coordinating my care" so I submitted the paperwork from my Primary Care Provider. This particular FMLA and disability claim paperwork placed me out on total disability (my employer wanted intermintent leave taken under FMLA).

Needless to say that paperwork (FMLA and STD) was denied on February 25th, (after my employer attempted to contact my Drs for more information with no success- without my permission). Their reason for denial is that my condition which also requires physical therapy is not considered a "serious medical condition" under the FMLA law- however in my research it certainly is a covered condition. My employer never even submitted my disability paperwork to the STD insurance company used, and they denied that as well. My employer also never requested that I seek a second opinion from a Dr of their choice after denying my FMLA paperwork.

I have Dr notes to cover every Dr appointment and day missed since becoming pregnant and having complications- however I was terminated from my job on February 28th for absenteeism (even though I had vacation and sick time to cover the time missed as well) and I had just been released from labor & delivery for pre-term labor due to stress on February 27th after a 2 day stay. They did not allow me time to appeal their denial of my FMLA, nor file additional paperwork, which I do currently have dated February 27th.

My first question is- can they do all of that, leagally? If not- where can I go for help in some type of settlement, appeal, legal recourse?

Secondly- will I be eligable for Unemployment if I am technically not able to work due to a medical condition? If not- are there any options I DO qualify for to obtain some type of income?

Third- does my employer have to maintain my health benefits until they provide me with Cobra options? They did not give me any paperwork when they terminated me...

Im sorry that was so long... I just really need some advice. Ive never been in a situation even close to this! Any and all advice is much appreciated.

1. The U.S. Department of Labor oversees FMLA and investigates violations.

2. You can only collect unemployment if you are actively looking for work and able to accept it when it is offered. If you've been dealing with pregnancy complications since August, it sounds like you're fairly far along in your pregnancy and will not be able to accept work immediately should it be offered.

3. No, youre employer does not have to maintain your health benefits until you receive COBRA. COBRA is retroactive to the date you ceased to be covered.