katynluis
02-17-2005, 04:24 PM
:confused: HOUSTON, TX
I WAS ON MATERNITY LEAVE WHEN I WENT TO TALK TO MY BOSS ABOUT RETURNING TO WORK SHE GAVE ME THE RUN-AROUND. FINALLY SHE TOLD ME THAT SHE DIDN'T HAVE A POSITION FOR AND SHE DIDN'T KNOW IF AND WHEN SHE WOULD. SO KNOW I FILED FOR UNEMPLOYMENT AND I'M AWAITING FOR AN ANSWER WHETHER OR NOT I'LL GET IT. PLEASE HELP IS THIS RIGHT?
LConnell
02-17-2005, 04:52 PM
It is legal to terminate you, if that is the practice for all persons who out for similar periods of time. Even if it is not, it is only illegal if the company has at least 15 employees. If the company has at least 15 employees and it treats you differently than others because of your pregnancy, then it could fall under federal and state discrimination laws.
For you to have job protection while you are off work, your employer and youmust be covered by the Family Medical Leave Act. Your employer must have at least 50 employees in a 75-mile radius in order to be required to comply with the law. And, you would need at least one year of service with at least 1250 hours worked in that year in order to qualify.
As far as unemployment is concerned, you have lost your job involuntarily. The question is whether you are able to seek and accept other employment. The following website provides information about Texas unemployment for women who were out of work due to pregnancy. http://www.twc.state.tx.us/ui/bnfts/claimant1.html#qualify