Hi!

I am 5 months pregnant and have not yet told my employee-not through my own fault. I work remotely and I have been trying to get my "boss" on the phone for 3 months and every time I ask for a few minute to talk, she says she is swamped and this is something I would rather tell her as opposed to email her. I was curious, what, if any, rights I have as a 1099 and being pregnant. I know I will not get paid for time off, but am I entitled to the FMLA? If I am not and take a week off, can they let me go? I cannot seem to find any info anywhere on this, so any help is greatly appreciated.
Thanks so much!

If you meet the criteria for IC status (and let's assume you do, for the moment), then FMLA does not apply to you; it's for employees only. Whether they can "let you go" or not and under what circumstances should be spelled out in your contract/agreement.

I was reading what would constitute me as an IC, and I am 50/50. They set my hourly pay, I cannot bargain, I am required to go there for training or be part of training conference calls, they determine the work I will do....so I am not sure. I started as a W2. Then when the New Year came, they changed us to 1099, and we were not given any contract or such to sign, so I do not have anything in writing. I called my local DOL, they told me to call the Federal Gov't, which I did and they transferred me to the local DOL hours and wages department who had me leave a voicemail.

Yeah, that's how the federal DOL works for calls. They'll get back to you in a day or two.

Has your job changed at all? If you were being treated as an employee before, and your job hasn't changed, the company would probably be hard-pressed to say that NOW you meet the criteria for IC status. Although the IRS and DOL may have slightly different definitions, the IRS test is the one most commonly used.
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html