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Can she be terminated? Alabama

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  • Can she be terminated? Alabama

    My step-daughter is a CNA at a nursing home where we live and has worked there for about 6 months now. She became pregnant about 2 1/2 months ago. At around 10 weeks along she hurt her back lifting a resident and was sent the the hospital where they tried to give her narcotic pain relievers and told her that her blood pressure was high. She refused the pain meds telling them again that she was pregnant. She was told she could go back to work and that everything was fine. Exactly one week to the day, she had another appointment with her Ob-Gyn. I went with her for this appointment because they were going to do an ultrasound. We got the awful news that she had miscarried. We then scheduled a dnc for two days later. To say she was upset is an understatement. She was devestated. She could not sleep or be left alone because she was so distraught. We went back to her Dr. and he put her on nerve pills for a couple of weeks to help her and wrote a letter to the nursing home that she could not go back to work until April 14, 2007. She miscarried on March 14, 2007. She was informed by the nursing home administrator that if she were not back to work on the 10th of April that they would fire her. I have not said anything here about how badly she was treated when she tried to go back to work a week ago. It was terrible. The emotional abuse she received from management and employees was unbelievable. This contributed to her having to go on nerve meds. She does not want to lose her job as she loves the residents she helps take care of. Can they fire her or does she have anywhere to get help from?

  • #2
    I'm very sorry for her loss. My sympathies.

    However, the only way her job would have been protected during her leave would be if she were eligible for FMLA leave, and she did not work there long enough to qualify (must work at least 1 year for the employer).

    Now, if there were a similarly situated employee (same type of job, same length of employment, same length of time off, etc.) who had a non-pregnancy related medical absence who would have been reinstated, then it's possible she could have a claim of wrongful termination under the Pregnancy Discrimination Act. But, I don't see any indication of that in your post.

    Sorry I don't have better news for her.
    Last edited by Pattymd; 03-26-2007, 02:52 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you

      Thank you for the quick reply. When you mentioned FMLA I remember my step-daughter giving paperwork to the Dr. to fill out to send back to the nursing home because she paid them $15 to fill it out. She (my step-daughter), was told by the nursing home that she had 4 weeks that she could take without pay if she had the paperwork filled out. Could this have been about FMLA? Thank you for your help and sympathy. It is appreciated.

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      • #4
        Originally posted by vcawley View Post
        Thank you for the quick reply. When you mentioned FMLA I remember my step-daughter giving paperwork to the Dr. to fill out to send back to the nursing home because she paid them $15 to fill it out. She (my step-daughter), was told by the nursing home that she had 4 weeks that she could take without pay if she had the paperwork filled out. Could this have been about FMLA? Thank you for your help and sympathy. It is appreciated.
        I'm not sure what that was, but, if she hasn't worked there for over 1 year, she is not eligible for FMLA.
        Please no private messages about your situation.

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        • #5
          If she's only worked there for 6 months, she is not eligible for FMLA yet - the eligibility requirements are set at the Federal level and the employer does not have the authority to offer FMLA when it does not apply. They may have had some form of internal leave that the paperwork was for.
          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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          • #6
            Being total idiots is not against the law. She can either decide to put up with it, or find a job with more human compassion. I'm sorry for her loss.

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            • #7
              "Idiots" and "noncompassionate" are not the same thing.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Can she be fired

                Thank you for your comments. They are total idiots as well as having no compassion. I have seen the way they treat some of the residents there, so it stands to reason that they would be the same way with the people they work with. That would be another good topic for someone. Nursing home abuse. I know it is an old topic and that it is widely known about, but, it is awful, the amount of abuse to these people that goes unchecked. When the state comes in, they are usually announced so that the powers that be have time to get everything in order. Do they have undercover people to just go in pretending to visit family or maybe check out the facility for the placement of someone they know? The difference when they are being watched and when they think they are not is amazing. I know this is a widespread problem with no answers, but, this should be right up there with the importance of school and such. I have seen this abuse in more than one nursing home around my immediate area. It really is sad.

                Anyway, my step-daughter is doing much better now. It will be quite a while before she is able to sleep or wake up without crying over the loss, as it will be for all of us, but it is getting easier. I have another grand child due about 2 weeks after my step-daughter's was due so I imagine we will go through the grieving process again at this time. It will be a happy and sad time all together. I want to thank everyone for their support and let you know that we are looking for another job in a Dr.s office or the hospital.

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                • #9
                  Right now I'd concentrate on getting your step daughter some help. While a miscarriage is a terrible thing, if you can't leave her alone and she is unable to sleep and is waking up crying regularly, something more may be going on here. I would speak with her doctor about getting a referral to a counselor of some sort. Even if she finds another job, she isn't going to be very effective if she is this emotionally disatraught.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    We have just gone back to see her Dr. He has put her on medication and we are going to group therapy soon. My step-daughter is a very nurturing person. She was meant to have many children. She has a 2-year old and I have never heard her raise her voice and spank her child. All she has to do is sit Elizabeth down and talk to her and everything is fine. I have never seen someone of my step-daughter's age so good with children and to really want them. She is 19 and very responsible. She worked and went to school so she could graduate and give her child what she needed. We helped of course, but, she never once asked us for a thing. She never went on welfare or foodstamps. She alone provided for her child. She is now getting married and is very comfortably settled in her life. She has a very supportive fiance and I feel that she will be ok eventually. She has alot of family around her and a great deal of love and support from all of us. I want to thank everyone who has given advise and support.

                    Comment

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