Hello,

I started a new job in January. The company is based in NYC. I just found out that I am pregnant and that I am due in September.

I spoke with HR, this morning, and they said that they will not keep my job, insurance or any benefit for that matter, as I do not fall under the FMLA.

I know that my managers would support me, unfortunately I did not tell them yet as they are at a conference for the rest of the week.

What are my options? I am trying to see how to address the issue with my managers and even HR.

Thanks,
.MomNYC

If they would terminate any employee who needed an extensive leave when they did not qualify for FMLA, this is legal.

If they would retain the job and benefits of an employee who did not qualify for FMLA and needed an extensive leave for a reason not connected with pregnancy, this is not legal.

Well I am looking into taking 2 weeks before and 8 weeks after. Isn't it discriminiation to terminate your job because you go on disability?

No, it isn't.

The law says that you cannot be terminated because you have a condition that meets the definition of a disability under the ADA (which pregnancy does not).

But contrary to popular belief, there is no law ANYWHERE that prohibits an employer from terming someone who is collecting disability benefits. If the employee does not qualify for protected leave such as FMLA, the employer may legally terminate when the employee has used whatever amount of time is granted by policy. The ONLY caveat is that pregnancy cannot be treated differently than other conditions. You cannot be discriminated against, but you get no special privileges.