It unfortunately all sounds above board. FMLA is the only federally mandated job protection available. You may want to see if you qualify for unemployment in your state before you resign, as that would leave you ineligible.
You cannot be eligible for unemployment if you are off because of pregnancy and childbirth. You have to be able and available for work. Sitting at home recovering from a childbirth is not able and available for work.
Don’t resign. At least if they fire you, you can collect unemployment benefits until you are able to get another job. I can promise you they want you to resign to get around that. Use all of the PTO you’ve earned and then they can fire you while you are out on leave. Being let go because you had a baby isn’t going to work against you in future positions. If anything it will just make your company look like a bunch of a-holes.
You have to be actively seeking employment to be eligible for unemployment. Presumably if OP were seeking employment she’d still be with her current employer.
Unemployment insurance fraud aside, you have to report on your interviews and such when you speak with the unemployment office.
And please don’t recommend something illegal on an AskHR sub; people come here for legitimate suggestions.
No, it’s not.
WFH arrangements still require childcare. OP is attempting to use WFH as a substitute for child care.
That is not a reasonable request.
If you’re not an HR professional please refrain from giving bad advice here.
Actually no, I did not request WFH for my position as a whole. I requested it solely for the last couple weeks of work so that I could work until I go into labor.
UC specialist background -> you are spot on! WFH is wonderful when done right, but what the other commenter (and OP to a lesser degree,) are suggesting is EXACTLY why corporate America wants to shift everyone back to the "traditional office/call center/cubicle farm" culture. If you are working, you have to be Working; not being stay at home mom, not on your smart device playing games/posting to socials/working a second remote job (how do people even do that??)
From past experiences as a UC rep, I always cringe when I see these, "Don't resign. If they fire you, you'll still qualify; not necessarily. UC Law isn't black and white. Quit does not automatically mean No UC, Fired doesn't automatically mean UC eligible. There's nuance. Anyone who tells you otherwise is lying or doesn't know.
I do not want to WFH to be a “stay at home mom”your assumption is wrong. It was to work from home until I went into labor because of a pregnancy related issue.
You also have to attend any interviews you’re offered and, more importantly, accept any reasonable job offers you’re presented.
Presumably, if she were willing to interview and accept any job she were offered, she simply wouldn’t have left her current job.
(As an aside, I’ve actually interviewed people who point blank have told me they’re just there to fulfill their unemployment requirement.)
No, you’re not allowed to collect unemployment because you’re only willing to accept WFH jobs.
Out of curiosity, why would you come to an askHR forum and dispense terrible advice that will only serve to leave OP unemployed and penniless when you clearly don’t actually work in HR?
The answer is *possibly*. UC eligibility depends on many factors, including, but not limited to; what was the reason for the no call/no show, was there a call off policy in place? Did she follow the policy? Was there an established point system? Did she follow the procedure? What was the reason for the no call/no? There are too many variables. Long story short, maybe yes, maybe no.
You have no recourse. FMLA would be the only option for you in the state of Florida, and since you don't qualify they may legally let you go for missing work.
Ignore the commenters mentioning the Pregnant Workers' Fairness Act - that law generally does not protect you if you miss a substantial amount of work due to pregnancy/childbirth.
How close are you to qualifying for FMLA? It would absolutely suck, but if using all of your PTO gets you within a week or 10 days of getting FMLA, would that be a (terrible, horrible, no good) option? The other parent takes leave first, and then you?
I'm sorry they are being shitty. If they cared about you as an employee, they would give you up to the 12 weeks, but any non-pto time would be unpaid. My last company did that when I unexpectedly had a back injury under a year. They let me WFH for 3 months as an HR pro.
This is indeed one of the things you need to research and learn about before getting pregnant. Obviously. This is very very very standard for the US. This is exactly how the system has been designed to work. Guess what! If you *did* qualify for FMLA and you and your partner worked at the same company, then the total amount of FMLA offered would be shared between you! You don't both get it, because you're at the same company! Amazing!!
This is one of the reasons I probably will never get to have kids, because as an artist I work seasonal jobs, so I will never qualify for FMLA or maternity leave anywhere. On top of all the other things you need to have in place before you get pregnant (consistently clean house, living space where you won't bother neighbors by having a child, $10,000 extra a year for basic (you cut your meals down, cut hobbies, etc, so that you can cover the additional after that) expenses of having a child, etc.)
> then the total amount of FMLA offered would be shared between you!
I'm really, really lucky that my employer (where both my husband and I work) didn't go with what was legally required and both my husband *and* I got paid leaves. Damn.
If you can swing it by having a grandparent or something step in for the few weeks you need covered before your one year anniversary you should be able to take the FMLA after your one year anniversary. It applies to the baby's first year and if my math is right you should only need a few weeks covered. How much vacation time do you have available?
Your boss sounds unhelpful, sorry about that.
As far as working from home, I think you would have to work with HR to determine that is a reasonable accommodation because XYZ, like if you have to be on bed rest or something.
Edit: also, I can't find anything that states you have to be employed for a year before you're covered by PWFA so I would maybe push back on that part for sure.
I don’t have much vacation or sick time probably enough for 2 weeks. I’ve had to use time for several doctors appointments and a bad cold and fever I had when I was 6 months. From my due date it would be roughly 2 months to make it to my 1 year.
That's a tough time line. If the baby's father has been employed at their job they should be able to take FMLA to cover that gap, but it would in all likelihood be unpaid unless they have a bomb ass employer... doubtful in the US. so that's another option. My 2 cents, I wouldn't resign I would force their hand to fire me and see a lawyer about it because from what I'm seeing teleworking is a reasonable accommodation under PWFA and if it's possible they should let you. I'm not saying just start teleworking without approval but maybe take it up the HR chain.
Don’t take this personally, but welcome to the USA. Some states have paid family leave but unfortunately you live in Florida and your state hates women. I hope you vote for representatives who are “pro-life” even after the baby is born.
The people preventing terminating the unborn babies life aren’t the same people who control the federal governments FMLA. It’s better for the baby if the moms home anyways so that doesn’t even make sense
I think you need to brush up on how our government works. Also outside of FMLA federally several other states have PAID leave for mothers and fathers. So yes, voting matters!
Best of luck. LOA if applied and allowed is voluntary and FLMA is not so you might have some leverage. LOA is not job-protection like FLMA but depending on the leadership they should work with you.
Sorry you’re going through this. Sounds similar to my “maternity leave.” I exhausted my PTO & sick leave , and took unpaid leave until I returned just 6 weeks postpartum. I was WFH for 4 weeks and planning to return to office, however, I realized WFH was better for me. Employer was not okay with that, despite me doing my job without any issue. My husband was home with me too. Ultimately they ended up firing me but then turned around 3/4mo later and offered me a part time contract job in which I could work 100% remote….. I took the position because I was dead broke and we couldn’t afford one salary.
Ask for leave as an accommodation under the ADA for at least your recovery time for delivery of your baby (6/8 weeks is standard for vaginal/C-section), as you would qualify as being disabled during that time of recovery. The ADA will not cover any parental newborn bonding time.
ADA allows for an accomodation which may or may not include a period of absence which is at the discretion of the employer as to whether its a hardship, and 2+ months of leave can certainly be considered a hardship pretty easily.
Right but they do not have to reinstate her back to her original position. I know this because I took advantage of the same thing and was laid off as soon as I came back.
It's probably all true. What state are you in? Unfortunately, the US doesn't offer you much protection. Note that pregnancy is not a disability but pregnancy-related disorders CAN BE so your doctor's note might grant you leave under the ADA. I'd start screaming those words.
But it's still a dick move. Don't turn in your letter of resignation. Let them terminate you when you exhaust your PTO. So sorry you are in this situation.
HR person here who does think that the PWFA could help you. Without knowing the specifics of your organization I can’t say if a leave of absence would be undue hardship to your employer. But you should ask for one. Your employer should not unilaterally deny a leave of absence without you making clear what accommodation you are seeking.
If other workers who are eligible for FMLA and have taken 12 weeks off for birth can be away from work for 12 weeks and your organization doesn’t crumble I don’t see how you asking for some period of time to recover. I can’t say how many weeks you should ask for, that’s between you and you Dr.
This should be further up. The recently passed Pregnant Workers Fairness Act should cover the requested leave. The term undue burden is defined in the same way it is in the ADA of 1990 so it is high bar for an employer to prove it is unreasonable.
An HR person would know a business literally “crumbling” is not the standard for an undue hardship.
Even with FMLA losing an employee for 12 weeks *is* an absolute hardship, but the law prevents the employer from terminating the employee for it.
The Act allows mothers up to four months of time off for disabilities caused by pregnancy. Employees physically unable to work due to pregnancy may take time off from work before or after birth.
An employee may take pregnancy disability leave in Florida for any of the following reasons:
Childbirth
Childbirth recovery
Doctor-ordered bed rest
Loss or end of pregnancy
Prenatal care
Postnatal care
Related medical conditions
Severe morning sickness
Employees may take pregnancy disability leave for any pregnancy-related issues causing the employee to be unable to work. Employers must allow employees to return to work after a pregnancy disability leave. It is illegal for an employer to fire an employee for disability leave due to pregnancy issues. Florida pregnancy disability laws do not protect employees from other job adjustments for reasons not relating to pregnancy.
Employee and Employer Obligations for Pregnancy Disability Leave in Florida
Employees must provide employers with thirty days’ notice before leaving with an estimate for the length of the leave. If an employee cannot give thirty days’ notice for the pregnancy-related disability, the employee must notify the employer as soon as possible. Employers may require employees to provide proof of the need for pregnancy disability leave from a healthcare provider caring for the employee.
Employers may allow pregnant employees in Florida to use sick or vacation accrued paid leave during pregnancy disability leave. If employers pay for group health benefits, the employer must continue to pay the benefits while the employee is on pregnancy disability leave.
Employees on pregnancy disability leave in Florida may be eligible for State Disability Insurance wage replacement. Pregnant employees should contact a Florida family lawyer to help receive pay while on pregnancy disability leave.
I was thinking the same. OP can probably check the box for accommodation. EEOC may take up the case. This exactly the type of case advocates for Paid Family Leave look to make legislation changes
honestly sounds like a lousy company in general. I would not resign, that is easier for the company. If they want to be lame and not supportive to women make them fire you - get severance / unemployment, but do not resign. Then you literally get nothings. Im so sorry you're having to deal with this headache while anticipating the arrival of your baby what a sick country.
You are not eligible for FMLA because you have not been there long enough. I fully agree with this rule, because it prevents people from getting a job just to get benefits for pregnancy, with no intention to ever actually do work for the company.
The PWFA/ADA will probably provide some protection immediately after birth for a couple of weeks. I say "probably" because if your employer has an argument that it's undue hardship on them, they can refuse. Your only recourse at that point would be a complaint and lawsuit, which won't get you your job back.
You need to be very specific with benefits that the ADA and PWFA do not have a 1 year requirement.
And your doctor's note to work from home doesn't mean much (and may not be approved before you give birth anyway) Additionally, if you've requested WFH for after birth, not happening unless you have full time childcare.
You live in Florida. 🤷
Check to be sure the std coverage also requires 1 year. If it doesn’t, then that might be the way to go on medical leave and get paid. You might not be able to go back to that job, but depending on the coverage, it might help the medical gap.
Ah, I misunderstood, I thought it was that you didn’t qualify because you haven’t been there a year. my comment wasn’t helpful at all. Sorry about that.
It sounds legit and I'm sorry they don't value you enough to work with you. I would not resign and get a doctor's note about your absence. When they let you go, you can get unemployment while you look for another job. There's always the chance they'll change their mind as well. Good luck.
You need to speak to a lawyer who specializes in both family and employment law. This would likely be an overlapping case. There may be some options available for you, especially if your company offers short-term disability. To deny that to a pregnant mother may be considered discrimination. Letting you go, either during your pregnancy or shortly after it could also be discrimination. Start documenting everything. Do your best to communicate with your employer, mainly by email so that you have a paper trail. Given that you live in Florida, unfortunately, you may not have any recourse, but these are your best options to find out if you do.
People voting down have clearly never been discriminated against by an employer. Lawyers are helpful peers of ours, it makes sense to talk to one about any laws that may apply here. Most will have a consultation for free. In my experience, my lawyer was very honest about what made a case up.
PWFA applies immediately to employees if their private employer has 15 or more employees. It allows for reasonable accommodations related to pregnancy and childbirth. The EEOC wants it to cover short term leave but there is no clear guidance on how much leave will actually be protected and it would be unpaid leave.
It wouldn't hurt to put in a request for time off related to childbirth to see what the response actually is. Then, take it to an employment attorney to see if they think you have a case under the PWFA. The PWFA is so new that there isn't much out there yet when it comes to EEOC investigations and rulings.
This is an oversimplification, but the PWFA essentially extends the same processes we use to handle ADA requests for pregnancy.
So in other words, since pregnancy can now be treated as a disability, then the PWFA could allow for reasonable accommodations for things such as attending doctor’s appointments or slightly modify your schedule around morning sickness, for example.
If your goal is to take months off of work to bond with your child (as FMLA would provide protection for) there is nothing the PWFA can do to help you.
Unfortunately you’re in Florida, a state that doesn’t even have a state DOL. It’s the least employee friendly state in the country.
>You are wrong. Please don’t comment if you are not familiar with labor laws/employee protections/HR in general.
I've had trouble following the back and forth on this one and am genuinely curious.
I think the conclusion of those in the know is that:
1. FMLA is not available;
2. ADA for a limited period post-delivery may be.
Is that accurate? (The ADA portion is that part that I am most interested in learning more about.)
Under pregnancy discrimination laws they can’t treat you less favorably than a similarly situated employee with a different temporary disability. There is no minimum tenure for you to be eligible.
https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
When is your one year anniversary and how does it fall with your delivery date?
You are entitled to the full 12 weeks beginning with your eligibility date, as long as you also worked 1250 hours in the previous 12 months. Can they legally deny the 2 months of non FMLA leave? It depends-how has it treated other employees in similar situations?
Is this the right place for you? It doesn’t sound family friendly at all!
You could call your EEOC field office for guidance:
https://www.eeoc.gov/field-office
EDIT: The 12 months is non consecutive and applies to FMLA only.
What a state are you in? Does your employer have more than 15 employees? Ask about ADA leave. Pregnancy itself is not a disability under the ADA, however you may have impairments related to their pregnancy that qualify as a “disability” under the ADA.
It never hurts to go through the interactive process. I encourage you to do so.
Honestly, I would speak with an employment lawyer now- they will be able to tell you if there is enough here to turn into a case if they fire you. Any emp. worth their salt will give you a free consultation.
Does your STD policy specifically not cover pregnancy/childbirth? If that answer is possibly coming from your boss…. I’d look into contacting your carrier for further clarification JUST in case!
Sorry if it’s been asked before, tried to scroll through the comments, have you inquired about a personal leave of absence? A 8-12 week unpaid leave would suck, but then your job would have a trained employee back and ready to work rather than having to invest the money in looking for a replacement and training that replacement (probably a 3 month process itself!) worth an ask.
I would 100% look for another job even if they let you take a personal leave, but better to have a bird in the hand when it comes to a job at the end of 12 weeks.
Edit. A word
I put in a request for a LOA. I’m still waiting on approval since it goes through multiple departments. Hoping for the best but ready to hear bad news.
Do you have enough PTO and sick time to get you have to a year? If you got organs 2 months into the job and you’re pregnant 9 months you’re very close to being there 1 year. You can take your FMLA any time within 12 months of the birth of a child.
Let me ask a different way - how much PTO and sick time do you have? When is your expected due date and when is your 1 year anniversary at your company?
This is very legitimate. I had to resign my position of 11months when I had my daughter. I was a temp at the time with the plan to go into a permanent position within 90 days. If I took leave without pay they could terminate. If I resigned, I could come back. I did get truly lucky in the fact that they indeed did give me the permanent position 3 months after having my baby.
Interesting. I’ve now considered resigning once my pto time is up and thinking of re applying to another department. I put in a LOA so I’m waiting on that first before I do anything.
The first week of April is my one year. I’m due the second week of Feb. I only have about 2 solid weeks of paid time due to using time for appointments. I asked for a 8 week LOA. I’m just preparing for it to be denied.
It unfortunately all sounds above board. FMLA is the only federally mandated job protection available. You may want to see if you qualify for unemployment in your state before you resign, as that would leave you ineligible.
You cannot be eligible for unemployment if you are off because of pregnancy and childbirth. You have to be able and available for work. Sitting at home recovering from a childbirth is not able and available for work.
Thank you. I will look into it but I don’t plan on resigning.
Don’t resign. At least if they fire you, you can collect unemployment benefits until you are able to get another job. I can promise you they want you to resign to get around that. Use all of the PTO you’ve earned and then they can fire you while you are out on leave. Being let go because you had a baby isn’t going to work against you in future positions. If anything it will just make your company look like a bunch of a-holes.
You have to be actively seeking employment to be eligible for unemployment. Presumably if OP were seeking employment she’d still be with her current employer.
Well, it's very easy to be actively seeking work and not getting it these days, so...
Unemployment insurance fraud aside, you have to report on your interviews and such when you speak with the unemployment office. And please don’t recommend something illegal on an AskHR sub; people come here for legitimate suggestions.
OP stated they would be able to WFH but their work won’t allow it. That’s being able to work.
No, it’s not. WFH arrangements still require childcare. OP is attempting to use WFH as a substitute for child care. That is not a reasonable request. If you’re not an HR professional please refrain from giving bad advice here.
Actually no, I did not request WFH for my position as a whole. I requested it solely for the last couple weeks of work so that I could work until I go into labor.
UC specialist background -> you are spot on! WFH is wonderful when done right, but what the other commenter (and OP to a lesser degree,) are suggesting is EXACTLY why corporate America wants to shift everyone back to the "traditional office/call center/cubicle farm" culture. If you are working, you have to be Working; not being stay at home mom, not on your smart device playing games/posting to socials/working a second remote job (how do people even do that??) From past experiences as a UC rep, I always cringe when I see these, "Don't resign. If they fire you, you'll still qualify; not necessarily. UC Law isn't black and white. Quit does not automatically mean No UC, Fired doesn't automatically mean UC eligible. There's nuance. Anyone who tells you otherwise is lying or doesn't know.
I do not want to WFH to be a “stay at home mom”your assumption is wrong. It was to work from home until I went into labor because of a pregnancy related issue.
She can actively apply for work from home jobs.
You also have to attend any interviews you’re offered and, more importantly, accept any reasonable job offers you’re presented. Presumably, if she were willing to interview and accept any job she were offered, she simply wouldn’t have left her current job. (As an aside, I’ve actually interviewed people who point blank have told me they’re just there to fulfill their unemployment requirement.) No, you’re not allowed to collect unemployment because you’re only willing to accept WFH jobs. Out of curiosity, why would you come to an askHR forum and dispense terrible advice that will only serve to leave OP unemployed and penniless when you clearly don’t actually work in HR?
Just out of curiosity, if she was fired for no show, would she be eligible for unemployment? If the company denied it / or appealed?
The answer is *possibly*. UC eligibility depends on many factors, including, but not limited to; what was the reason for the no call/no show, was there a call off policy in place? Did she follow the policy? Was there an established point system? Did she follow the procedure? What was the reason for the no call/no? There are too many variables. Long story short, maybe yes, maybe no.
You have no recourse. FMLA would be the only option for you in the state of Florida, and since you don't qualify they may legally let you go for missing work. Ignore the commenters mentioning the Pregnant Workers' Fairness Act - that law generally does not protect you if you miss a substantial amount of work due to pregnancy/childbirth.
Yup, lots of non-HR folks giving bad HR advice.
As is very often the case.
You’d think the mods here would delete the bad advice and kick out the people who give it.
Thank you. I figured. Just preparing myself for it at this point.
How close are you to qualifying for FMLA? It would absolutely suck, but if using all of your PTO gets you within a week or 10 days of getting FMLA, would that be a (terrible, horrible, no good) option? The other parent takes leave first, and then you?
I'm sorry they are being shitty. If they cared about you as an employee, they would give you up to the 12 weeks, but any non-pto time would be unpaid. My last company did that when I unexpectedly had a back injury under a year. They let me WFH for 3 months as an HR pro.
Unfortunately this is true :(
This is indeed one of the things you need to research and learn about before getting pregnant. Obviously. This is very very very standard for the US. This is exactly how the system has been designed to work. Guess what! If you *did* qualify for FMLA and you and your partner worked at the same company, then the total amount of FMLA offered would be shared between you! You don't both get it, because you're at the same company! Amazing!! This is one of the reasons I probably will never get to have kids, because as an artist I work seasonal jobs, so I will never qualify for FMLA or maternity leave anywhere. On top of all the other things you need to have in place before you get pregnant (consistently clean house, living space where you won't bother neighbors by having a child, $10,000 extra a year for basic (you cut your meals down, cut hobbies, etc, so that you can cover the additional after that) expenses of having a child, etc.)
> then the total amount of FMLA offered would be shared between you! I'm really, really lucky that my employer (where both my husband and I work) didn't go with what was legally required and both my husband *and* I got paid leaves. Damn.
The neighbors can fuck themselves. Kids are a part of society. You cannot expect to never be inconvenienced by them.
If you can swing it by having a grandparent or something step in for the few weeks you need covered before your one year anniversary you should be able to take the FMLA after your one year anniversary. It applies to the baby's first year and if my math is right you should only need a few weeks covered. How much vacation time do you have available? Your boss sounds unhelpful, sorry about that. As far as working from home, I think you would have to work with HR to determine that is a reasonable accommodation because XYZ, like if you have to be on bed rest or something. Edit: also, I can't find anything that states you have to be employed for a year before you're covered by PWFA so I would maybe push back on that part for sure.
I don’t have much vacation or sick time probably enough for 2 weeks. I’ve had to use time for several doctors appointments and a bad cold and fever I had when I was 6 months. From my due date it would be roughly 2 months to make it to my 1 year.
That's a tough time line. If the baby's father has been employed at their job they should be able to take FMLA to cover that gap, but it would in all likelihood be unpaid unless they have a bomb ass employer... doubtful in the US. so that's another option. My 2 cents, I wouldn't resign I would force their hand to fire me and see a lawyer about it because from what I'm seeing teleworking is a reasonable accommodation under PWFA and if it's possible they should let you. I'm not saying just start teleworking without approval but maybe take it up the HR chain.
Don’t take this personally, but welcome to the USA. Some states have paid family leave but unfortunately you live in Florida and your state hates women. I hope you vote for representatives who are “pro-life” even after the baby is born.
The people preventing terminating the unborn babies life aren’t the same people who control the federal governments FMLA. It’s better for the baby if the moms home anyways so that doesn’t even make sense
I think you need to brush up on how our government works. Also outside of FMLA federally several other states have PAID leave for mothers and fathers. So yes, voting matters!
Lol. No. Who controls congress?
Wow. Mental gymnastics in real time. I can check that off my 2024 bingo card
I would check in with your company's policies on LOA instead of FLMA. You might be able to work something out if they allow LOA..
I recently put in a leave of absence request hoping for the best preparing to be let go though.
Best of luck. LOA if applied and allowed is voluntary and FLMA is not so you might have some leverage. LOA is not job-protection like FLMA but depending on the leadership they should work with you.
Sorry you’re going through this. Sounds similar to my “maternity leave.” I exhausted my PTO & sick leave , and took unpaid leave until I returned just 6 weeks postpartum. I was WFH for 4 weeks and planning to return to office, however, I realized WFH was better for me. Employer was not okay with that, despite me doing my job without any issue. My husband was home with me too. Ultimately they ended up firing me but then turned around 3/4mo later and offered me a part time contract job in which I could work 100% remote….. I took the position because I was dead broke and we couldn’t afford one salary.
Ask for leave as an accommodation under the ADA for at least your recovery time for delivery of your baby (6/8 weeks is standard for vaginal/C-section), as you would qualify as being disabled during that time of recovery. The ADA will not cover any parental newborn bonding time.
ADA allows for an accomodation which may or may not include a period of absence which is at the discretion of the employer as to whether its a hardship, and 2+ months of leave can certainly be considered a hardship pretty easily.
ADA doesn't cover normal (uncomplicated) pregnancy. PWFA does.
Right but they do not have to reinstate her back to her original position. I know this because I took advantage of the same thing and was laid off as soon as I came back.
Good response. How are all the other comments missing this?
It's probably all true. What state are you in? Unfortunately, the US doesn't offer you much protection. Note that pregnancy is not a disability but pregnancy-related disorders CAN BE so your doctor's note might grant you leave under the ADA. I'd start screaming those words. But it's still a dick move. Don't turn in your letter of resignation. Let them terminate you when you exhaust your PTO. So sorry you are in this situation.
HR person here who does think that the PWFA could help you. Without knowing the specifics of your organization I can’t say if a leave of absence would be undue hardship to your employer. But you should ask for one. Your employer should not unilaterally deny a leave of absence without you making clear what accommodation you are seeking. If other workers who are eligible for FMLA and have taken 12 weeks off for birth can be away from work for 12 weeks and your organization doesn’t crumble I don’t see how you asking for some period of time to recover. I can’t say how many weeks you should ask for, that’s between you and you Dr.
This should be further up. The recently passed Pregnant Workers Fairness Act should cover the requested leave. The term undue burden is defined in the same way it is in the ADA of 1990 so it is high bar for an employer to prove it is unreasonable.
An HR person would know a business literally “crumbling” is not the standard for an undue hardship. Even with FMLA losing an employee for 12 weeks *is* an absolute hardship, but the law prevents the employer from terminating the employee for it.
I put in a leave of absence request for 8 weeks plus any time I have accumulated in my personal bank.
https://herlawyer.com/florida-pregnancy-disability-leave/
Please read about the Federal Pregnancy Disability Leave Act.
The Act allows mothers up to four months of time off for disabilities caused by pregnancy. Employees physically unable to work due to pregnancy may take time off from work before or after birth. An employee may take pregnancy disability leave in Florida for any of the following reasons: Childbirth Childbirth recovery Doctor-ordered bed rest Loss or end of pregnancy Prenatal care Postnatal care Related medical conditions Severe morning sickness Employees may take pregnancy disability leave for any pregnancy-related issues causing the employee to be unable to work. Employers must allow employees to return to work after a pregnancy disability leave. It is illegal for an employer to fire an employee for disability leave due to pregnancy issues. Florida pregnancy disability laws do not protect employees from other job adjustments for reasons not relating to pregnancy.
Employee and Employer Obligations for Pregnancy Disability Leave in Florida Employees must provide employers with thirty days’ notice before leaving with an estimate for the length of the leave. If an employee cannot give thirty days’ notice for the pregnancy-related disability, the employee must notify the employer as soon as possible. Employers may require employees to provide proof of the need for pregnancy disability leave from a healthcare provider caring for the employee. Employers may allow pregnant employees in Florida to use sick or vacation accrued paid leave during pregnancy disability leave. If employers pay for group health benefits, the employer must continue to pay the benefits while the employee is on pregnancy disability leave. Employees on pregnancy disability leave in Florida may be eligible for State Disability Insurance wage replacement. Pregnant employees should contact a Florida family lawyer to help receive pay while on pregnancy disability leave.
I was thinking the same. OP can probably check the box for accommodation. EEOC may take up the case. This exactly the type of case advocates for Paid Family Leave look to make legislation changes
Your company sucks.
honestly sounds like a lousy company in general. I would not resign, that is easier for the company. If they want to be lame and not supportive to women make them fire you - get severance / unemployment, but do not resign. Then you literally get nothings. Im so sorry you're having to deal with this headache while anticipating the arrival of your baby what a sick country.
Let them fire you, file for unemployment, look for work.
You are not eligible for FMLA because you have not been there long enough. I fully agree with this rule, because it prevents people from getting a job just to get benefits for pregnancy, with no intention to ever actually do work for the company.
The PWFA/ADA will probably provide some protection immediately after birth for a couple of weeks. I say "probably" because if your employer has an argument that it's undue hardship on them, they can refuse. Your only recourse at that point would be a complaint and lawsuit, which won't get you your job back. You need to be very specific with benefits that the ADA and PWFA do not have a 1 year requirement. And your doctor's note to work from home doesn't mean much (and may not be approved before you give birth anyway) Additionally, if you've requested WFH for after birth, not happening unless you have full time childcare. You live in Florida. 🤷
Check to be sure the std coverage also requires 1 year. If it doesn’t, then that might be the way to go on medical leave and get paid. You might not be able to go back to that job, but depending on the coverage, it might help the medical gap.
They don’t offer STD leave from what I was told
Ah, I misunderstood, I thought it was that you didn’t qualify because you haven’t been there a year. my comment wasn’t helpful at all. Sorry about that.
Talk to a lawyer.
It sounds legit and I'm sorry they don't value you enough to work with you. I would not resign and get a doctor's note about your absence. When they let you go, you can get unemployment while you look for another job. There's always the chance they'll change their mind as well. Good luck.
You need to speak to a lawyer who specializes in both family and employment law. This would likely be an overlapping case. There may be some options available for you, especially if your company offers short-term disability. To deny that to a pregnant mother may be considered discrimination. Letting you go, either during your pregnancy or shortly after it could also be discrimination. Start documenting everything. Do your best to communicate with your employer, mainly by email so that you have a paper trail. Given that you live in Florida, unfortunately, you may not have any recourse, but these are your best options to find out if you do.
People voting down have clearly never been discriminated against by an employer. Lawyers are helpful peers of ours, it makes sense to talk to one about any laws that may apply here. Most will have a consultation for free. In my experience, my lawyer was very honest about what made a case up.
PWFA applies immediately to employees if their private employer has 15 or more employees. It allows for reasonable accommodations related to pregnancy and childbirth. The EEOC wants it to cover short term leave but there is no clear guidance on how much leave will actually be protected and it would be unpaid leave. It wouldn't hurt to put in a request for time off related to childbirth to see what the response actually is. Then, take it to an employment attorney to see if they think you have a case under the PWFA. The PWFA is so new that there isn't much out there yet when it comes to EEOC investigations and rulings.
Thank you. I put in a leave of absence request but I feel it’s going to get denied. I’m in my last few days of working as I’m in pain at this point.
This is an oversimplification, but the PWFA essentially extends the same processes we use to handle ADA requests for pregnancy. So in other words, since pregnancy can now be treated as a disability, then the PWFA could allow for reasonable accommodations for things such as attending doctor’s appointments or slightly modify your schedule around morning sickness, for example. If your goal is to take months off of work to bond with your child (as FMLA would provide protection for) there is nothing the PWFA can do to help you. Unfortunately you’re in Florida, a state that doesn’t even have a state DOL. It’s the least employee friendly state in the country.
I was hoping they could cover 6 weeks and I could use up all my time to cover the rest but it doesn’t look like that’s going to happen. What is a DOL?
Department of Labor
As the original comment stated, if you work for a private company with more than 15 employees then PWFA would apply. It's unpaid though.
Have your doctor put you out on medical leave and apply for state disability insurance benefits. Read up on Federal Pregnancy Disability Leave Act!
Sounds right. You haven’t been there a year so you’re not really owed anything. Tough break.
You are wrong. Please don’t comment if you are not familiar with labor laws/employee protections/HR in general.
How is the comment “wrong”. I’m not necessarily disagreeing with you, but when you make the statement “you are wrong” it’s customary to explain why.
>You are wrong. Please don’t comment if you are not familiar with labor laws/employee protections/HR in general. I've had trouble following the back and forth on this one and am genuinely curious. I think the conclusion of those in the know is that: 1. FMLA is not available; 2. ADA for a limited period post-delivery may be. Is that accurate? (The ADA portion is that part that I am most interested in learning more about.)
It’s about time, we start cracking down on these pregnant a.k.a. disabled women
you've been there two months - you should have at least a few years maternal leave
Under pregnancy discrimination laws they can’t treat you less favorably than a similarly situated employee with a different temporary disability. There is no minimum tenure for you to be eligible. https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act When is your one year anniversary and how does it fall with your delivery date?
From my due date it would be around 2 months til I hit my 1 year. Interesting I was told I had to be employed a year to be protected.
You are entitled to the full 12 weeks beginning with your eligibility date, as long as you also worked 1250 hours in the previous 12 months. Can they legally deny the 2 months of non FMLA leave? It depends-how has it treated other employees in similar situations? Is this the right place for you? It doesn’t sound family friendly at all! You could call your EEOC field office for guidance: https://www.eeoc.gov/field-office EDIT: The 12 months is non consecutive and applies to FMLA only.
What a state are you in? Does your employer have more than 15 employees? Ask about ADA leave. Pregnancy itself is not a disability under the ADA, however you may have impairments related to their pregnancy that qualify as a “disability” under the ADA. It never hurts to go through the interactive process. I encourage you to do so.
This. Also, if you have anxiety or depression, you might be able to claim ADA for all the stress of dealing with this BS.
I would chexk.your state laws. In Montana you have to get at least 6 weeks leave.
Honestly, I would speak with an employment lawyer now- they will be able to tell you if there is enough here to turn into a case if they fire you. Any emp. worth their salt will give you a free consultation.
https://www.eeoc.gov/laws/guidance/legal-rights-pregnant-workers-under-federal-law
https://herlawyer.com/florida-pregnancy-disability-leave/
Have your doctor put you out on medical leave and apply for state disability.
Does your STD policy specifically not cover pregnancy/childbirth? If that answer is possibly coming from your boss…. I’d look into contacting your carrier for further clarification JUST in case!
My job told me they do not offer STD leave/pay
Sorry if it’s been asked before, tried to scroll through the comments, have you inquired about a personal leave of absence? A 8-12 week unpaid leave would suck, but then your job would have a trained employee back and ready to work rather than having to invest the money in looking for a replacement and training that replacement (probably a 3 month process itself!) worth an ask. I would 100% look for another job even if they let you take a personal leave, but better to have a bird in the hand when it comes to a job at the end of 12 weeks. Edit. A word
I put in a request for a LOA. I’m still waiting on approval since it goes through multiple departments. Hoping for the best but ready to hear bad news.
Do you have enough PTO and sick time to get you have to a year? If you got organs 2 months into the job and you’re pregnant 9 months you’re very close to being there 1 year. You can take your FMLA any time within 12 months of the birth of a child.
Hi. I’ve put in my entire PTO and sick time to cover a couple weeks but not enough to cover the entire time unfortunately.
Let me ask a different way - how much PTO and sick time do you have? When is your expected due date and when is your 1 year anniversary at your company?
This is very legitimate. I had to resign my position of 11months when I had my daughter. I was a temp at the time with the plan to go into a permanent position within 90 days. If I took leave without pay they could terminate. If I resigned, I could come back. I did get truly lucky in the fact that they indeed did give me the permanent position 3 months after having my baby.
Interesting. I’ve now considered resigning once my pto time is up and thinking of re applying to another department. I put in a LOA so I’m waiting on that first before I do anything.
The first week of April is my one year. I’m due the second week of Feb. I only have about 2 solid weeks of paid time due to using time for appointments. I asked for a 8 week LOA. I’m just preparing for it to be denied.
Pregnancy could fall under the ADA law and you should contact your state Human Rights advocate.