Termination for being taken off work due to pregnancy complications.

[jmckune]

I was taken off work not by choice by my doctor due to pregnancy complications and put on bed rest. I live in New York. I received a letter from work stating that after 12 weeks have passed they would terminate my position. Do I have any way of protecting my job? I have no way of being able to return to work until my baby is born and that will be about 4 months time off of work. I am getting disability and have not claimed Family Medical Leave Act. If I claim FMLA would that protect my job?

[AFFA]

I wish to inform that it is stated on the DOL (Department of Labor) Website that the FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. The employee is entitled to 12 workweeks of leave in a 12-month period for the birth of a child and to care for the newborn child within one year of birth. You may explain your circumstances to the employer and request for job protected additional leave. It would be at the discretion of the employer to grant the leave or to terminate the service at the end of 12 workweeks.

AFF

[Wahaj Shahbaz]

As per point of view, i believe that u may claim the case to FMLA before u get terminated from your job. This is because FMLA is mainly an organization that provides thee employees the service and mainly if you claim it to FMLA , telling them your problem they would sort out a solution. And this may bring a positive outcome which would protect your job as well as u may cover up your condition with in given time by the particular organization

[goddessoflubboc]

FMLA is neither an organization nor a group of people. It is a set of laws.

If you qualify you may apply for FMLA but as OP pointed out her absences will exceed 12 weeks. In this case your employer has every right to terminate you.

[Lexus]

First of all I inform you that, as per the Family and Medical Leave Act permits most workers to take up to 12 weeks per year of unpaid leave to deal with certain medical and family situations. You are covered if you work in the public sector, as a teacher in a private or public school, or if your employer has at least 50 employees. To be eligible you must have worked at least 1250 hours in the last 12 months for your current employer. You qualify for FMLA if you are sick and cannot work and pregnancy complications.