pregnancy leave if employed less than 1 yr?

[JessicaW]

I live in Ohio and I'm not sure if I can get pregnancy disability benefits if I have not been employed for a full year there. I am 2 days away from being fired due to absenteeism due to my pregnancy. They told me that I cant get any F.M.L.A. because I have not been there a full year. Is there an exeption if you are pregnant. I cant be fired! Is there nothing to protect me just because I havent been there a year. I still have 20 weeks until my due date and I doubt I will be able to make it for that long without missing 2 more days. Help me please

[LConnell]

Unfortunately, being pregnant will not assist you in the absenteeism counseling with one exception. If you are being treated differently than others who have the similar number of absences, then you may be a victim of discrimination on the basis of pregnancy. If they are treating you the same as others, then you don't have any recourse.

[Sue]

Originally Posted by JessicaW

I live in Ohio and I'm not sure if I can get pregnancy disability benefits if I have not been employed for a full year there. I am 2 days away from being fired due to absenteeism due to my pregnancy. They told me that I cant get any F.M.L.A. because I have not been there a full year. Is there an exeption if you are pregnant. I cant be fired! Is there nothing to protect me just because I havent been there a year. I still have 20 weeks until my due date and I doubt I will be able to make it for that long without missing 2 more days. Help me please

Please visit this site for comprehensive and detailed information concerning the law and Pregnancy Discriminatin.
Best wishes!
Sue

http://www.eeoc.gov/types/pregnancy.html

Here are the main points:

Pregnancy Discrimination

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Title VII's pregnancy-related protections include:

* Hiring

An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition or because of the prejudices of co-workers, clients, or customers.

* Pregnancy and Maternity Leave

An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.

Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave.