I live in Maine. A friend of mine who works with my husband just received a letter from their employer stating that her employment has been terminated. She is pregnant with twins. She works for a Public Works department and they did not have any "light duty" positions for her to do so her doctor took her out of work 6 months early due to the strenuous duties they had her doing. In their termination letter they stated they were terminating her because she had exhausted the 12 weeks allowed under FMLA. Can they legally do that?
Marketeer
03-08-2006, 11:08 AM
Yes. FMLA only provides job protection for 12 weeks. It's unfortunate that some women will exceed those 12 weeks if they are having difficult pregnancies and need to be out of work long before the baby is born. The employer is also not obligated to create light duty work if none is available.
ladams69
03-08-2006, 11:40 AM
What if other employees in other departments, who have been pregnant, had positions created so they could work light duty in order to protect their jobs? Would there be anything she could do then?
cbg
03-08-2006, 11:44 AM
No. There is only so much light duty any employer can create, and if the other employees in question were also pregnant there is no hint of discrimination.
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