Hello.
I live in Tucson, AZ and I believe that my job is planning to fire me before I go on leave in about 2 weeks. I've been there 4 years and although there have been many layoffs because of the economy, I was told that they wanted me to remain as part of the "core group". Its a long story but a co worker wished me good luck today because she heard I was leaving. I think she realized her mistake and then all of a sudden I get an email from the big boss saying she wants to discuss my leave next week.

So while I'm not 100% sure I will be fired, I have a feeling and want to know if this is legal. I think they are just using me to help them out until they find someone to replace me on leave who will become permanent. Can they do this--right before I go on leave? Or what if they fire me while I'm on leave? Is either one legal?

Thanks,

Simone :(

Being pregnant does not protect you from adverse employment actions that would take regardless of whether or not you're pregnant. So, no, there's no law that says you can't be fired because you're pregnant or on maternity. What the law says is that you can't be fired because you're pregnant or on maternity. There's really not enough in your post to say what is going on. Your co-worker could have just been wishing you luck before you go on maternity leave.

If you do get fired and you feel that it is because of your pregnancy, your recourse is to file a complaint with your state department of human relations and/or the federal EEOC.

Do you qualify for FMLA - 12 weeks of unpaid job protected leave?

Requirements: have worked for employer for at least 12 months;
have worked at least 1,250 hrs. for the employer in the 12 mos. preceding the leave;
work at a location with 50 or more employees within a 75-mile radius?

Thanks. Congrats on your pregnancy.

(add: They can still terminate you even if you qualify for FMLA leave if they would have terminated you had you not qualified for FMLA leave. (ie due to a layoff/elimination of your job @ economy) They can't terminate you JUST for requesting/taking FMLA leave due to your pregnancy & it would seem rather suspicious if they did in your case.)

Hi yes,

I think I qualify for maternity leave. While we don't have 50 employees in our headquarters, we do have 5 other offices in KY, PA, FL, CO, WI. But recently they've fired ALOT of ppl and each office has the bare minimum of staff, so we may not have 50 altogether anymore. We do have contract staff too so...They didn't seem to take issue w/ the time I wanted off. Just that I saw them interviewing today and then the girl who congratulated me on leaving. I think she realized she slipped up and told the boss about it...because right when I got home I had an email from the boss saying she would talk to me next week about my maternity plans.

I realize now they have the right to fire me regardless, I'm just a little bummed that they would make that decision and tell others w/o telling me first. The idea of hunting for a job while taking care of a new baby is daunting. Thank you. :)

If the 50 employees aren't within a 75 mile radius, then there isn't legally guaranteed maternity leave. If they are letting so many others go, then there is the possibility that yes, they could eliminate your position as well. Taking maternity leave doesn't mean you can't be fired. Often there are others that need to be informed before the employee in question, namely their supervisor, whoever might be handling their duties, IT, HR, security, etc.

However; if you do get terminated & believe it is just because of your pregnancy, put in a complaint with the EEOC.

It would seem rather suspicious to terminate you right before your leave & since you were told you would remain as one of the "core group." However, that doesn't mean they are definitely terminating you just because of your pregnancy. We can't, of course, tell just from your post.