PDA

View Full Version : Termed in KY during Maternity Kentucky


shayne99
11-24-2008, 01:59 PM
I began with a company in may 08, so I know i do not qualify for FMLA. My due date was 11/20. On 11/7 due to complications my doctor gave a note to go on bedrest leave until delivery. I delivered on 11/17, returned home to a certified letter stating I was terminated effective 11/10. Upon contacting, 11/24, company was told that, since i was not there a year, FMLA and pregnancy leave did not come into play, and the only way to have benefits to pay for the baby i just delivered that I would have to pay COBRA to be covered for the pregnancy on 11/17 as Kentucky has no leave laws and the company has rules and regulations to follow. I was under the impression that termination for leaving for pregnancy is wrong, and as as a single mom, need to know what recourse i have.

Please help!

Marketeer
11-24-2008, 04:46 PM
Had you discussed with the employer your plans for after delivery? How long were you planning to be out?

There is no law that says that employers cannot terminate a woman who is pregnant. What the law says is that employers cannot terminate a woman because she is pregnant. Because you are not eligible for FMLA, the employer's legal obligation under the Pregnancy Discrimination Act is to treat you no differently than any other employee, also not eligible for FMLA, who needed medical leave for a non-maternity leave. So, if an employee who needed six weeks leave for a broken leg would be terminated, then the employer is not treating you differently (assuming you needed six weeks leave -- see my question above).

If you feel that you've been discriminated against because of your pregnancy, your recourse is to file a complaint with EEOC.

shayne99
11-24-2008, 05:38 PM
I hadnt determined if i could return or not financially. She told me they would rehire me after i returned from leave, as there was no previous disciplinary action taken. I t appears as though this is just to get out of allowing me to use the medical benefits ive been paying for. Also, they have been taking our STD of my check each pay period, but according to them i am not eligible for any leave??

thanks

Marketeer
11-24-2008, 06:38 PM
STD is not leave; it's how you get paid while you're on leave. You need to review the terms of your policy, but I suspect that you're not eligible for STD because you were already pregnant at the time you elected STD coverage.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements