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waytogo
Balancing act on a highwire
Member since 5/05 1292 total posts
Name:
a
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Is this legal?
So, here's a wonderful story that shows exactly why I have been keeping this future TTC thing a secret...
Someone who works in the same field as me got pregnant and when the boss found out, they said don't bother coming back if she was going to take time off after the baby is born (meaning more than a couple of days).
This boss said if she were serious about her work, she would have taken measures not to have the baby. 
I am assuming this means an abortion?!
Would this make you panic?
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Posted 6/30/05 3:26 PM  |
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Long Island's Largest Bridal Resource |
Diane
Hope is Contagious....catch it
Member since 5/05 30683 total posts
Name:
D
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Re: Is this legal?
This is TOTALLY ILLEGAL. I would take action if I were her.
Sorry, my family comes before any job.
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| Posted 6/30/05 3:29 PM |
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Susan
Loving Mommyhood!
Member since 5/05 2391 total posts
Name:
Susan
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Re: Is this legal?
Are you sure the boss wasn't being sarcastic/trying to be funny? Even if s/he was, I'd still sue! That's NUTS! My SIL's principal said to her, "Couldn't you have timed your pregnancy a little bit better?" after having put 15 years in the school with a perfect attendance record! And the principal was ****** bc she was going to miss ONE WEEK of school!
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| Posted 6/30/05 3:31 PM |
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LnR6604
I'm Gonna be a Big Brother
Member since 5/05 1647 total posts
Name:
Licia
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Re: Is this legal?
I can't believe this. Something insensitive like that happened to my sister after the baby was born.
Just so you know it is Illegal. By law (Family Medical Leave Act) she is supposed to get 6 weeks for a normal delivery and I think 8 weeks for a c-section; anything more she can go on disability. They have to hold a job for her with her salary. If her boss lets her go, she definitely has a case for a law suit.
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| Posted 6/30/05 3:36 PM |
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rose825
Best Friends
Member since 6/05 10228 total posts
Name:
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Re: Is this legal?
My understanding is that you are disabled for 6 weeks after normal delivery and 8 weeks for c-section. Regardless of your time on the job they have to give AT LEAST that to you under the Americans with Disabilities Civil Liberty Act (or something like that). If you have been with the company for a leats a year ull-time, FMLA (Family leave act) requires they hold your position for 12 weeks but you do not have to be paid. If you are there less than 1 year they are not required to hold it for you.
However, from this point forward if they terminate her she should SUE SUE SUE
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| Posted 6/30/05 3:45 PM |
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Bxgell2
Perfection
Member since 5/05 16438 total posts
Name:
Beth
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Re: Is this legal?
Speaking as an employment attorney, YES, there are several issues with this. First, if the company has over 50 employees and she's been employed for at least one year, they CANNOT fire her during her pregnancy leave, for up to 12 weeks. They must, must, must keep the position open for those 12 weeks (but that's only if FMLA applies). Second, there is a specific law that prohibits discrimination based on pregnancy. She could sue for either (1) pregnancy, or (2) sex discrimination. I am in such amazement at how totally ignorant businesses can be when it comes to this stuff, leaving themselves WIDE open for some serious legal issues!
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| Posted 6/30/05 3:57 PM |
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