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30 day action plan and pregnant New York

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  • 30 day action plan and pregnant New York

    My boss has given me 30 days to meet goals and expectations or else I will be fired. I believe they are trying to terminate me because I am pregnant; I have not signed the document that lists everything I must achieve yet. I am due in January but have had some complications with my pregnancy - though have not needed to take any PTO because of it.

    If I receive a note from the doctor stating I need to stop working, prior to the 30 days, can my boss legally fire me even though all the goals and expectations may not be met? If not , in accordance with FMLA they would have to hold my job for 12 weeks, correct?

  • #2
    Originally posted by dukhee View Post
    My boss has given me 30 days to meet goals and expectations or else I will be fired. I believe they are trying to terminate me because I am pregnant; I have not signed the document that lists everything I must achieve yet. I am due in January but have had some complications with my pregnancy - though have not needed to take any PTO because of it.

    If I receive a note from the doctor stating I need to stop working, prior to the 30 days, can my boss legally fire me even though all the goals and expectations may not be met? If not , in accordance with FMLA they would have to hold my job for 12 weeks, correct?
    Yes, you can be fired for not meeting your goals/expectations if you would have been fired had you not been pregnant. You can't be fired just for being pregnant. You are to be treated like all other employees. I can't tell from your info if FMLA applies in your case. (not enough info) If you qualify for FMLA you have 12 wks. of protected leave but you can still be fired if you would have been fired had you not been on FMLA.

    I do believe N Y has some type of disability plan - hold & someone should come along who knows something about it. (either state or employer mandated)
    Last edited by Betty3; 10-09-2007, 08:32 PM.
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    • #3
      Being pregnant is not a be-all and end-all protection. The Pregnancy Discrimination Act says, in effect, that you have to be treated as if you were not pregnant; you cannot be discriminated against but you get no special privileges either.

      So if an employee in the same circumstances who was not pregnant would be fired, you can be fired. Even under FMLA you do not get to keep your job if, were you not on/about to be/just finished with FMLA, you would have been fired anyway.
      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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      • #4
        Thank you for your responses; I am eligible for FMLA and my company does provide disability coverage as per state laws - would I not be covered under disability if my doctor said I had to stop working? If so, would disability stop once I had the baby and then they could fire me?

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        • #5
          State disability continues while your doctor says you are medically unable to work. Your employment status does not affect that.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Collecting disability benefits does not offer job protection. But Patty is correct; your disability benefits are not tied to your employment.
            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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