:confused:

I live in Southern Indiana and am 6 months pregnant. I was placed on bedrest by my physician for a total of 8 days on 3 different occassions from June to July. All days were documented with the necessary paperwork from the doctor. In August, I was given a verbal warning and told that if I missed anymore days that they would be unpaid. This includes the first five days after having the baby. After the first 5 days, Short Term Disabilty would then pick up and I would be paid. I was also told during the same conversation by my Supervisor, I cannot use vacation/personal time when I am ill during the pregnancy. However, I was told that the for the first five days after I have the baby, I can use Vacation or Personal time. This is the period before the short term disabilty begins.

On another note, I received an email from my supervisor last week indiciating that I have been taking too many personal breaks to relieve myself. Since I am pregnant, I suppose that increased frequency is natural. I was told that this resulted in a high amount of unproductive time for the company and bascially that personal breaks are for emergency trips to the restroom.

Unfortunantely, I have been having some problems with the pregnancy such as edema, placenta previa, and pelvic pains. Despite these problems, my job performance remains the same as before the pregnancy. The doctor wanted again to place me on bedrest in August and I begged him not. I am very afraid that I will loose my job at this point. Instead, he placed me on pelvic rest.

From what I understand, my company can basically terminate my employement at anytime - pregnant or not. Is this correct? Since I have received a verbal warning does this mean I can also be terminated while I short term disabilty after I have the baby? Also, how can the company tell me I can't use Vacation or Personal time for pregnancy-related illnesses, but also advise me that I can use this time after I have the baby before the short term disabilty becomes effective? Last, the bathroom break email I received was pretty pathetic. I just felt like it was more harassing then anything. But, can the company limit bathroom trips based upon what they consider an emergency? And if that is the case, what is an emergency?

Any information would be appreciated. Thank you.

How long have you worked for this employer?
How many employees does this employer have within 75 miles of your location?
Have you worked a minimum of 1,250 hours within the last 12 months?
How much time, TOTAL, have you missed because of your pregnancy or any other medical condition within the last 12 months?

The answers to these questions will affect the answer to your question.

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How long have you worked for this employer?
How many employees does this employer have within 75 miles of your location?
Have you worked a minimum of 1,250 hours within the last 12 months?
How much time, TOTAL, have you missed because of your pregnancy or any other medical condition within the last 12 months?

The answers to these questions will affect the answer to your question.

This is where it becomes a little grey.

1.)When I began working with this organization in November 2004, I worked through a temp agency. I worked for the temp agency first from November through May. I was then hired directly by this company is May of 2005.

2.) Yes, The location that I work at alone employees about 300 people.

3.) I have not worked there for 12 months yet, but believe that with all of the overtime that I have worked, I have worked well over ther 1250 hours. I try to work overtime when I can, about 4 hours a week.

4.) I did miss one other day in February when I was working through the temp agency. My daughter was ill; however, I did provide a medical statement. I have missed 9 total, with 8 days being pregnany related due to bedrest.

Thank you for your assistance.

If you have not worked there for 12 months yet, then it doesn't matter how many hours you have worked or how many employees they have. The law says that for FMLA to apply, you must have worked for this employer 12 months AND 1,250 hours, not OR.

Unfortunately, since FMLA does not apply and since your state does not have any statutory medical or maternity leave, your employer is only required to allow you the same amount of time that someone else who does not qualify for FMLA but who has a non-maternity condition would receive. When you have missed the maximum amount of time that someone who did not qualify for FMLA but who has pneumonia or a broken leg would receive, then yes, you can be terminated pregnant or not. You are entitled to be treated exactly the same as if you were not pregnant, and that means you do not get to take more time than someone who is not pregnant would receive. If the hypothetical employee with a broken leg, again we are talking about a hypothetical employee who does not qualify for FMLA, would receive 4 weeks and no more, then you get 4 weeks and no more. If the hypothetical non-FMLA employee would get 6 months, then you get six months.

The same applies to use of vacation. The company is not required to provide vacation at all, and they can set the rules as to how it is used. But they cannot single out employees who are pregnant for different treatment. If the hypothetical employee with pneumonia is limited in how they can use vacation, then so can you. If they cannot, then you cannot.

You're going to have to work out the bathroom breaks with them. I suppose you could look at how a hypothetical employee with kidney problems would be treated...

BTW, 9 absences from an employee who has worked there less than a year is a lot. Any employer would be concerned about that, pregnancy or no.

Thank you for the insight. I agree that my absences have been more then what they normally would if I were not pregant. I can only hope from this point on that I am not placed on bedrest again. Thank you for the information. :)