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Termination due to pregnancy illness

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  • Termination due to pregnancy illness

    My wife has worked for her company for a couple of years. This year she became pregnant and has been having pregnancy complications so she has had to take time off work. She has received and delivered doctors notes to the human resources department for the days she has missed. She also has paid for fmla insurance thru work. She tried to file thru that insurance and was notified that since their has been a general layoff after she was off of work she is not elgible to take the insurance she has paid for. After, the general layoff and all employees were to report to work. She was notified that she had not turned in her doctors notes and has been terminated for missing too many days. We received a letter today that says she was terminated several weeks before the general layoff due to too many days missed.

    We called her work and they told my wife she must refile with the fmla insurance. The human resources person said that even with the doctors slips they are allowed to terminate her because of too many days missed.

    We are trying to file for unemployment but have not been getting anywhere yet. Do we have any legal recourse against this company? What can we do?

  • #2
    FMLA is not insurance, to start with. It is unpaid leave. I don't know what's she's paying for but it isn't FMLA. STD benefits, maybe?

    How long has she worked for this employer? How many employees does the employer have within 75 miles of her location? Has she worked a minimum of 1,250 hours within the last 12 months? How much time, total, has she missed?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      FMLA is not insurance. You don't PAY for FMLA. The Family Medical Leave Act provides for job protection for a serious illness of the employee or to care for a qualified relative, etc. FMLA is, by its nature, unpaid leave.

      Even if FMLA applied, job protection is not absolute. If she would have been laid off anyway, FMLA does not require the employer excuse her from the layoff.

      Now, these questions are very important.

      1.Did she apply for FMLA while still employed?
      2.How long was she given to return the doctor's certification of her medical condition?
      3.Why didn't she return the certification?
      4.Was she notified that the failure to return the certification would result in her absences being unexcused (not covered under FMLA)?

      UI is a different issue. If she is not medically able to work, is not searching for work, and could not accept reasonable work when offered, then she isn't eligible for UI, no matter what the reason for termination.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        reply

        The fmla is an insurance they offer at work if you have to take time because of family medical leave it is supposed to pay 60% of your wages while you are away. She has been having complications since april 7. She started working for this company since 10-2006.

        Comment


        • #5
          That's not FMLA leave. That's disability insurance that replaces income while ON leave.

          What about the questions I asked?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Doctors slips

            For everyday she has missed due to illness she has doctors slips. Most were turned in within 1 day.

            Comment


            • #7
              Notification

              They requested several doctors notes after she was out sick. After, she had sent in the paperwork for her insurance. Then we found out that most of her shift was on layoff. She turned in the doctors slips the day she was notified of human resources needing them. She was notified that day if she did not have them in at a certain time they would terminate her.

              Comment


              • #8
                OK, let me try again. Did she apply for FMLA leave with her employer? Yes or No.

                Not a doctor's note every day she was absent. Doctor's notes have no legal standing UNLESS FMLA applies.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  I am not asking if she had doctor's notes. I am asking HOW MANY DAYS she missed.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    fmla

                    We did not do that thru the state. I do not know how to do that. Her human resources department told her to file for her insurance after they were into layoff which she did not know later. They did not notify her of anything else to do with fmla.

                    Comment


                    • #11
                      time off

                      She was off for pretty much over a month.

                      Comment


                      • #12
                        Okay. Now, answer the rest of my questions. They are asked for a reason and we cannot give you a valid answer to your question without them.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          Questions

                          To the best of my knowledge I have answered your question in my posts! I do not know what certification you are asking about.

                          Comment


                          • #14
                            Answer the following questions yes or no.

                            1.) Does your wife's employer have 50 or more employees within 75 miles of her location? Yes or no

                            2.) Has she worked for this employer more than 12 months? Yes or no

                            3.) In the last 12 months, did she work a minimum of 1,250 hours? Yes or no.

                            This questions appear in my first response and you have not answered any of them.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              Answers

                              1. over 300
                              2. yes since 10-2006
                              3. Yes 40hours or more per week until pregnancy illness

                              Comment

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