Leave in ohio

[jenfar955]

I started with my company January 20, 2004 working through a temporary service, I was hired into the company on April 12 ,2004. In August 2004 I found out I was pregnant. I asked my boss if my job was saved since I was not covered under FMLA, she told me she looked into for me and my job was covered under the ADA, and it would save my job. On Feb 10 my doctor wrote me off work until I deliver, due to complications of pregnancy. Before I would agree to my doctor taking me off, I called my boss's boss, to ask him if I would still have a job, he said since I was not covered under the FMLA, I was covered under ADA and I had 12 weeks for my job to be held, that is the only reason I agreed to be put off. On March 11 I received a letter dated for March 4 that stated : "We have received your note from DR. requesting that you be off work from Arc Abrasives due to complications of pregnancy. You have been off work since February 10, 2005 and we understand your shild is due in April. Since your date of hire was April 12, 2004, you are not yet eligible for FMLA. (Our Company) is unable to continue to hold a position for you. We must staff (Our Company) with individuals who are physically able to perform the assigned duties. We invite you to reapply when you are physically able to work.

I was wondering if there is anything I could do about this. And about the time being there I worked there for 1 year, through a temp service for 3 months, but I worked at this company and had well over 1250 hours.

This company has around 100 employees.

[LConnell]

No, there isn't anything you can do unless the company makes a regular practice of giving its employees who have worked less than a year 12 weeks of leave and it denies it to you because you are pregnant.

By the way, pregnancy is not covered by ADA.

[jenfar955]

I just learned that our HR department, which is outsourced from our company, and are the ones that said my termination was legal has in their handbook, which they have not given us a copy of, which was promised to us, That employees not eligible for FMLA can take up to 30-day medical leave which can run consecutatively with up-to a 30-day personal leave and can run concurrently with FMLA. Here is what I figured After 30 days of personal leave and 30 days of medical leave I would be covered by FMLA the next day. Ehich would cover me for 12 weeks which would be plenty of time. It does say that this has to be preapproved if foreseeable. Mine was not foreseeable,and I asked before I agreed to be taken off work if there was anything that had to done and was told no. I want to know if this would help my situation. They did not even give me a chance for these such leaves. How do I find out if they give other employees these leaves.

[LConnell]

I don't know of any way that an employee can learn of the leave practices, re: other employees, short of filing a law suit and having the attorney work on subpoening the records. I am not an attorney so I do not know what is involved with the latter.