I am starting a new job next week and I didn't bring up the fact that I'm pregnant (21 weeks now), because I kept hearing that would be discrimination to not hire me because of it, so I didn't say anything in the interview. I wanted who I was as a person to be seen rather than the fact I'm having a baby in December. There is no time off for the first 3 months and then you get 3 days you can take off. My question is, when it's time for me to have my baby, since I haven't been working for 12 months or a total of 1250 hours I'm not eligible for FMLA, so does this mean I'm going to have to chalk it up as my company letting me go because they may hire someone else to do my job. I almost feel like I don't want to take the 8 weeks off for my c-section and just see if there is a way my doctor will write me a note to go back sooner. (or will the doctor most likely tell me no to not risk her job) I know I'm really going to like this job and don't want to lose it. Should I just act like I didn't know I was pregnant, but then how can you be five months and not know. Please help

Congratulations on your new job and your pregnancy!

Given that you haven't yet disclosed your pregnancy, you may want to wait to disclose and give yourself some time to prove yourself to your new employer as a good worker. During that time, explore the company's policies -- many have provisions for leave without pay, and some even have provisions for short maternity leaves for employees who don't qualify for FMLA leave. Also explore the company's practices -- how has it treated other employees with temporary disabilities who couldn't perform their jobs? If they have given some non-FMLA time off to men recovering from heart attacks or bad backs or whatever, then they most likely will extend the same type of leave to you. (And if they don't, that is discrimination under Title VII.)

If they do end up letting you go, try to keep the door open for rehire. Leave on as good terms as you can, and see if a supervisor will support you applying for an opening in the future.

Whether to disclose pregnancy in an interview is always a tough call -- I've seen many debates about it. You are under no obligation to do so, and it is usually prudent not to because discrimination against pregnant women in the workplace is rampant. However, I have represented a number of employers who learn of an employee's pregnancy after hiring her and I know that they sometimes feel betrayed or feel that the employee has been untruthful. (Of course, I ask them what they would have done differently had they known earlier, and rarely do they have a good answer!)

If I were in your shoes, I'd probably disclose when I can't hide it any more and be somewhat apologetic for not announcing sooner along with expressing deep enthusiasm for the job and a desire to return to the job just as soon as I can. It becomes an interpersonal relationship issue at that point -- managing hurt feelings, etc.

Hope this helps!

Cynthia

*Note: the foregoing is provided for educational purposes only and does not constitute legal advice.

Thanks for your advice. I was thinking the same thing to prove myself first for a minute at least the first 30 days, and then let them know along w/ the apologies of not telling them sooner. At this point because I know it is a good job opportunity I don't even want to stay out the full 8 weeks. When I had my first child by c-section I got bored and felt I could've gone back to work much sooner, but was covered under FMLA at the time so didn't worry about coming back before my 8 weeks was up. I'll just be taking it one day at a time, and most definitely will perform at the best level that I can. Thanks again for the advice.