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Changing jobs and trying to conceive Missouri

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  • Changing jobs and trying to conceive Missouri

    Hi Everyone,
    I currently work at a bank and am thinking of changing jobs (to another bank) and me and my fiance are trying to get pregnant. I was wondering:

    1. If there are any laws that prevent me from being fired during leave
    2. If I will be elgible for any type of leave and will it be paid or unpaid
    3. Can my job deny my request for time off for my doctor appointments

  • #2
    FMLA is the major job protection you would have. Unfortunately you have to be employed for at least one year before any protection starts and have worked a minimum of 1250 hours in the last 12 months. The State of Missouri has no extra protection. However, some employers do have greater leave protection than what is required.

    While the employer can not discriminate due to pregnancy, it can hold you to the same standards of employees with any other medical issue or leave needs. They could have a policy of not allowing any medical leaves in the first year, prior to FMLA protection and it would not be illegal.

    FMLA is always unpaid leave unless the employer chooses to pay you for part of that time period. Some employers require you to use any PTO that you have before taking unpaid timeoff. Since you would be new, it is up to their PTO policy as to how much you will have accrued. I would not expect it to be much.

    You other choice is to get STD insurance, either privately or through the employer if it is offered. This will replace part of your income (usually 50-60%). Beware if you buy it privately there may be a waiting period as to when it can be used.

    Comment


    • #3
      1. You cannot be fired because you are pregnant, but you can be fired in spite of it (for example, if you would be laid off anyway or if you have performance issues that would lead to termination for any employee).
      2. You would eligible for 12 weeks of job-protected leave under FMLA if ALL of the following are true: you've worked for the employer for more than one year, you've worked more than 1,250 hours in the past year, and the employer has 50 or more employees within 75 miles of your job site. Until you've been at a new employer for one year, you will not qualify for leave under FMLA. FMLA leave is, by definition, unpaid leave, however the employer can require you to use an paid leave that you have as salary replacement. Any paid leave you have available does not extend the 12 weeks -- it's 12 weeks total. Your employer may offer a short-term disability plan that will provide salary replacement during the time that you are actually physically disabled from giving birth (usually four to six weeks).
      3. Your employer cannot deny you time off for doctor's appointments because you are pregnant. Your employer can require you to follow whatever procedures are in place for any employee who needs time off for doctor's appointments and can request that you schedule them at times that minimize disruptions to work (i.e., first thing in the morning or last thing in the afternoon).
      Last edited by Marketeer; 06-20-2013, 09:51 AM.
      I am not able to respond to private messages. Thanks!

      Comment


      • #4
        As a worker in Missouri, I give you a strong word of caution. Wait until you have a guaranteed job, (for at least one year) as employers here do not need a reason to fire you. The laws here favor the big companies, and not the working class. Good luck and happy parenting (in the future.)

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        • #5
          That is something you will want to consider. In Mo. you would need to be with the co. for at least 12 months before you get any job protected leave (FMLA). Of course, there are other requirements for FMLA also as per the posts above.
          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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