Pregnancy discrimination Illinois

[Christy75]

I informed my employer I was pregnant and was told there was no FMLA (it has been in the company handbook and there have been 48 employees for 5+ years). Two months later, a memo was issued to all employees that FMLA has been removed from the company handbook. At this time, I spoke to HR again on how to handle my leave and was informed that because there is no FMLA or leave of absence policies, I would have to return before my accrued time off (3 weeks) or would be terminated and would have to reapply. HR also informed me that I would not be hired back if there were no positions available. Two days before my termination date, I was informed my termination would be extended two weeks and that it would be unpaid personal leave. I was also told that the company would not refer to my employment being terminated, but a separation.

Two other employees received time off for pregnancy without being terminated in the past five years. One employee informed the company she was not returning and the other returned after 12 weeks. Does the state of Illinois have laws that protect employees from pregnancy discrimation or protect your position/salary (I held a mid-management position)? Because I had a C-section, am I allotted a specified period of time off? Can I seek unemployment and look for employment elsewhere?

[Betty3]

FMLA requires 50 or more employees within a 75 mile radius of work site (during each of 20 or more calendar workweeks in current or preceding calendar year).

If FMLA doesn't apply, your employer must give you the same amt. of leave they would another employee in a "similar" situation who would need time off for a disability other than pregnancy (ie broken leg).

There is a key employee exception to FMLA also (though seems FMLA doesn't apply here - are you sure of only 48 employees?) but not sure it applies to your mid-management position. They can refuse to reinstate the employee if they are a key employee & reinstatement would cause a substantial & grievous economic injury to employer. This standard can be hard to meet & employer must let employee know they are being considered as a key employee.

Unemployment ins. can be applied for when you are ready, willing & able to work/accept work.