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View Full Version : I think my job is ripping me off Pennsylvania


dbaeunn
11-17-2008, 05:29 AM
I'm 6 weeks pregnant, and I've been having complications I went to the ER this weekend because of the pains I've been having. My doctor did blood tests on me, and ordered me not to go back to work until I see a doctor or the 24th of November.

I'm a currently a new hire at my job, I've been there for 2 months and I work a night shift. I called off work & explained my situation, they told me that I need to fill out a medical leave form and that it needs to be "approved". Later on that night from calling off, my manager called me & told me that I could possibly be terminated because I am still on probation. Because I haven't been there 9o days yet I am only allowed to have 2 weeks of medical leave and that's if it gets approved. If I need anymore time than that I can be terminated from my job!!!

Is this possible? Any input on this would be extremely appreciated, I've never had to do anything like this before, this is my first child.:confused:

cbg
11-17-2008, 05:43 AM
Since you have worked there for under a year, as far as the law is concerned they don't need to offer you any medical leave at all. You do not qualify for FMLA so they need only offer you the same amount of leave they would provide to a similarly situated employee who has worked there the same length of time and who has a non-maternity medical condition.

A doctor's note has no force in law outside of FMLA.

dbaeunn
11-17-2008, 05:54 AM
So am I suppose to continue working there & risk a misscarrage because they're going to fire me?

They're also starting to do layoffs where I work- wouldn't they jst be able to lay me off?? It's not like I can collect unemployment from them

Pattymd
11-17-2008, 06:07 AM
You would actually risk a miscarriage for a job you've only been at 2 months?

In any case, if they discharge you for not being able to work, if they would do the same for any other similarly situated employee, that's not illegal. If you have enough weeks worked and wages in the based period (four out of the last five completed calendar quarters), you may be eligible for UI benefits, but not until you are medically released for work.

cbg
11-17-2008, 06:14 AM
I didn't say you should keep working. I said it is not illegal for them to fire you as long as they would do the same thing for a similarly situated, non-pregnant employee. What you do with the information is up to you.

dbaeunn
11-17-2008, 08:37 AM
I was being sarcastic about the whole miscarrage thing.. This is my first child && I was told b/c of my cervical cancer that it might not be possible.

When I tlked to them thats how they made it sound, as if I didn't want to lose my job I should work through the pain & take those chances.

Honestly- I jst want to kno if what they're doing is legal, b/c never in my life have I ever heard of someone being able to terminate an employee for having an illness, not saying being pregnant is an illness, but they're going to be treating me as if it is one.

I have a chance of being terminated even this week if they don't "accept" my paperwork.. I have to fill out paperwork for them to decide whether me being out is legit or not.

WHAT IS THIS WORLD COMING TO?!!!!!!!

cbg
11-17-2008, 09:00 AM
Yes, under the circumstances you describe it is legal to let you go.

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