Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > Maternity Leave - Pregnancy Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 09-02-2004, 10:01 AM
jna2 jna2 is offline
Junior Member
 
Join Date: Sep 2004
Posts: 2
Default making me go on materinty leave??

I live in Georgia, I am a dispatcher and required to give a lot of my time. I am going in to my 3rd trimester which every 2 weeks I have to be seen by my doctor. My pregnancy has had no effect w/ my time here at work but my boss made to comment that when I start going every 2 weeks that he is going to send me home and hire a temp. I am capable to work until the baby is born and I wouldn't mind staying at home but its not manditory by my doctor so I would rather come to work to get paid. If my boss does go through w/ this can I file unemployment or what? I feel that this is not his desion. What shall I do?
Reply With Quote
  #2  
Old 09-02-2004, 10:38 AM
Sue Sue is offline
Senior Member
 
Join Date: Jun 2004
Location: Texas, USA
Posts: 875
Default

Quote:
Originally Posted by jna2
I live in Georgia, I am a dispatcher and required to give a lot of my time. I am going in to my 3rd trimester which every 2 weeks I have to be seen by my doctor. My pregnancy has had no effect w/ my time here at work but my boss made to comment that when I start going every 2 weeks that he is going to send me home and hire a temp. I am capable to work until the baby is born and I wouldn't mind staying at home but its not manditory by my doctor so I would rather come to work to get paid. If my boss does go through w/ this can I file unemployment or what? I feel that this is not his desion. What shall I do?
Does he plan to pay you for the entire time you are out and then give you maternity on top of that when the baby is born?
If not, he cannot send you home BECAUSE of your pregnancy.
Get in writing from him what his plan is and why; be very careful not to rock the boat so he doesn't try to cover up that he is letting you go now due to your pregnancy.

Got to this site for more details on pregnancy on the law.
He cannot force you to take leave.
http://www.afscme.org/wrkplace/wrfaq06.htm

Let me know if you have further questions.
sue
Reply With Quote
  #3  
Old 10-05-2004, 10:35 AM
jna2 jna2 is offline
Junior Member
 
Join Date: Sep 2004
Posts: 2
Default write up w/ dr excuse?

hey sue I am replying with a different situation this time I am so fed up with this. Now I am 7 1/2 months pregnant well routine test of prenatle visits are
still once a month. Testing for gestational diabetes is one of the test that are given about this time. This is a 4 hr test in which you have to have blood drawn 4 times and can only be given in the morning time. I went to have this test done on 10-4-04 in which my boss was aware that I was going and I told him that I try to make it in asap after my appt. well after getting my blood taken for the fourth time it was 1:00pm and I was give out. I got a dr. excuse excusing me until 10-5-04 so I thought I was alright by not coming in
for the remaining of the day (3hrs). Well when I come in on 10-5-04 He had wrote me up for a no-show even with my dr excuse. I told him I was not signing the write up b/c I was not wrong. He replied that it didn't matter if I signed it or not it was still going against me which is BULL. I am so tired of him making me feel like I am wrong for being pregnant. I feel like he is tring to get something on me b4 I have the baby so he can terminate me. What should I do accept the write-up and call it a day or walk out and go to the DOL and apply for unemployment???????????????? If I did do I have a case?
Reply With Quote
  #4  
Old 10-05-2004, 11:03 AM
Sue Sue is offline
Senior Member
 
Join Date: Jun 2004
Location: Texas, USA
Posts: 875
Default

Quote:
Originally Posted by jna2
hey sue I am replying with a different situation this time I am so fed up with this. Now I am 7 1/2 months pregnant well routine test of prenatle visits are
still once a month. Testing for gestational diabetes is one of the test that are given about this time. This is a 4 hr test in which you have to have blood drawn 4 times and can only be given in the morning time. I went to have this test done on 10-4-04 in which my boss was aware that I was going and I told him that I try to make it in asap after my appt. well after getting my blood taken for the fourth time it was 1:00pm and I was give out. I got a dr. excuse excusing me until 10-5-04 so I thought I was alright by not coming in
for the remaining of the day (3hrs). Well when I come in on 10-5-04 He had wrote me up for a no-show even with my dr excuse. I told him I was not signing the write up b/c I was not wrong. He replied that it didn't matter if I signed it or not it was still going against me which is BULL. I am so tired of him making me feel like I am wrong for being pregnant. I feel like he is tring to get something on me b4 I have the baby so he can terminate me. What should I do accept the write-up and call it a day or walk out and go to the DOL and apply for unemployment???????????????? If I did do I have a case?
I would not suggest you walk out and file for unemployment. You most certainly would not qualify since you quit. Also, they will see how pregnant you are and know it is not likely you will get hired.

In any case, keep your doctor note and let your employer know, in writing, for your file, that you had gotten pre-approval and a doctor's note for the absence for your preganancy testing.

Since no termination has occured there is no discrimination, but be prepared in the event it happens and document everything.

I wish you the best.
sue
Reply With Quote
  #5  
Old 10-05-2004, 11:25 AM
LConnell LConnell is offline
Senior Member
 
Join Date: Jul 2004
Posts: 5,056
Default Documentation

By the way, why is it important to keep the documentation (the doctor's note, a copy of the letter you wrote to your employer where you request understanding and, if possible to mail it this way, a copy of the certified mail receipt or any other proof that your employer saw it)? It is important so that you are approved for unemployment, should you be terminated. You can take the material to the hearing, to show that you tried to comply with the employer's but you were not able to because of circumstances out of your control.
Reply With Quote
  #6  
Old 10-12-2004, 04:29 PM
aeh4543 aeh4543 is offline
Member
 
Join Date: Sep 2004
Location: Manteca, CA
Posts: 35
Send a message via Yahoo to aeh4543
Default

My only question would be whether or not you notified your employer that you would not be coming back to work after your appointment.

P.S. I know about those glucose tolerance tests - they can be fun (I had one when I was pregnant with my now-9-month-old son)!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Maternity Leave question... dad-to-be legal discussion 3 02-15-2005 09:04 AM
Help me PLEASE! Do I have a case. Desperate Wrongful Termination Laws 2 01-14-2005 09:48 PM
Stress leave or Family leave?? chndll71 Workers Compensation Laws 1 12-17-2004 07:22 PM
Holiday leave switched for sick leave. kraven Wage & Hour Laws - Minimum Wage Laws 1 10-05-2004 10:07 PM
Paternity Leave in Kansas rrdavis07 Kansas Family Law 2 09-22-2004 03:26 PM


All times are GMT -8. The time now is 08:11 AM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming