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Forced to resign? Michigan

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  • Forced to resign? Michigan

    I recently found out I am pregnant and my Dr put me on an 8hr work restriction. When I brought the note into my employer, they told me they are unable to accomodate it due to it not being a work related issue. They called me later in the day and informed me that until my Dr lifts the restriction, I will either have to forgo the Dr's advice and continue working or resign my employment. Can they legally do that? I live in Michigan, if I chose to resign, can I still apply for Unemployment? I'm not positive, but I think this would fall under the Pregnancy Discimination Act.

  • #2
    How long have you worked for this employer? How many employees do they have?
    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.

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    • #3
      I have worked for this employer since July 2010. I had also inquired about FMLA and they told me I had to be employed for a year and have worked 1290 hours.

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      • #4
        DO NOT RESIGN/QUIT/WHATEVER. If they want to fire you, let them fire you. But you quitting greatly reduces the chances of you getting UI.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Originally posted by leogirl2010 View Post
          I recently found out I am pregnant and my Dr put me on an 8hr work restriction. When I brought the note into my employer, they told me they are unable to accomodate it due to it not being a work related issue. They called me later in the day and informed me that until my Dr lifts the restriction, I will either have to forgo the Dr's advice and continue working or resign my employment. Can they legally do that? I live in Michigan, if I chose to resign, can I still apply for Unemployment? I'm not positive, but I think this would fall under the Pregnancy Discimination Act.
          As long as they don't accommodate anyone with temporary restrictions (excepting worker's comp situations), there is nothing illegal about their refusal/inability to accommodate you. If they only refused to accommodate pregnant women, then that would be a violation of the PDA. The PDA doesn't require your employer to provide you with special treatment, just the same treatment as other similarly situated employees receive.

          No, don't resign. Tell your employer you are willing to work but per doctor's restrictions, you must limit your daily work schedule to 8 hours. Then apply for unemployment benefits.

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          • #6
            Your employer is correct. Eligibility for FMLA is set by Federal law and your employer has no authority to override it.

            You didn't answer my question about the number of employees.
            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.

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            • #7
              "Probably" at least 50 since it seems she didn't qualify for FMLA due to length of
              service not enough & not enough hrs. (though it's 1250) but she would have otherwise. It seems
              employer qualifies for FMLA unless employer doesn't understand FMLA.

              The PDA should apply to employer.
              Last edited by Betty3; 01-27-2011, 02:10 PM.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                Sorry cbg-there are over 50 employees there. Thank you for correcting me on the hours Betty-the day I asked my employer about FMLA,I was also talking to them about a few other things and had my hour amounts messed up.

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                • #9
                  Ok, then Beth's info re the PDA would apply.

                  Again, do not quit/resign.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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