I had a baby 4 wks early & have a dr note to return to work on 6/22. I am not eligible for FMLA and my employer said they cannot hold my position.
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I had a baby 4 wks early & have a dr note to return to work on 6/22. I am not eligible for FMLA and my employer said they cannot hold my position.
I just want to know if this is fair?
Asked on May 21, 2009 under Employment Labor Law, Pennsylvania
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Well, most states follow at-will employment, which means that an employer can fire you for no cause as long as it is not discriminatory. In terms of Pennsylvania, if you don't qualify for FMLA, do you have disability insurance? Does your state offer automatic short term disability?
What does your employer say besides that it simply cannot hold your position?
In most states, and most likely including Pennsylvania, you cannot be fired for pregnancy.
So, for now you can and should do two things:
1. Contact the Pennsylvania Department of Labor and Industry.
2. Consult with an employment labor law attorney in your state. Try www.attorneypages.com and check his or her record at the Pennsylvania State Bar.
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