Does your employer fall under the Family Medical Leave Act (FMLA)?
>>>An employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employers covered by FMLA also include any person acting, directly or indirectly, in the interest of a covered employer to any of the employees of the employer, any successor in interest of a covered employer, and any public agency. Public agencies are covered employers without regard to the number of
employees employed. Public as well as private elementary and secondary schools are also covered employerswithout regard to the number of employees employed.<<<<<<
If they do then they cannot stop you for taking 12 weeks of time off for the birth of a new child. They do not have to pay you and they can force you to use your accrued paid leave first, but they cannot deny you this leave if it is approved by a doctor.
Next, they cannot fire you simply for getting pregnant. That's discrimination and the ACLU website states:
>>>YOUR RIGHTS AS A WORKING WOMAN:
You have the right to not be treated differently at
work based on your gender, race, national origin,
color, or religion.
Unlawful gender discrimination includes:
being treated differently than other employees
because you are a woman, pregnancy
discrimination, and sexual harassment.<<<
and...
>>>PREGNANT WOMEN HAVE EQUAL RIGHTS.
Employers must treat pregnant women the same
as non-pregnant employees with similar abilities:
When an employer is hiring.
- Employers who refuse to hire women if
they are pregnant discriminate on the
basis of gender. AND.... When an employer is firing.
- If an employer fires a woman because
she is pregnant, the employer unlawfully
discriminates.<<<<<
This simply cannot be done. I would go ahead with your plans, but I would keep detailed careful records because technically, you would use FMLA any time you are absent for anything related to the pregnancy and I would get the FMLA paperwork from the beginning of the pregnancy if your employer falls under those rules. That way if they fire you and say that it's because you missed work you can provide proof that it was covered under FMLA and your doctor can corroborate that.
I've been where you are, happened with my first pregnancy and I worked at a hospital of all places. Good Luck, even if they don't qualify for FMLA, you have legal ground to stand on, talk to a good lawyer!
I can leave.
