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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default FMLA and Pregnancy Issues

    My question involves labor and employment law for the state of: GA

    My wife is pregnant and has been getting the run-around a bit from her work. She works directly for the HR manager at her business and speaks with her daily. After months of talking to her and planning her leave she is a little more than a month away from her due date and is now being declined for FMLA protection. We are in the process of re-applying. She was declined because she "had not worked 12 months" for the company, however when we spoke to Dept. of Labor we realized she had just not consecutively because she was laid off for a month last year.

    The real issue is that the company is now also SUDDENLY changing their FMLA leave policy right as she is applying for it. From the time my wife started as well as from the time she told her boss about the pregnancy, the company's policy was that they would pay 3 weeks of the 12 weeks leave. Now effective August 1st, they will no longer pay anything.

    We are aware that employers are not required to pay anything for the 12 weeks, however we are wondering what the laws are regarding changing a policy this close to a due date when they have known for months when her due date was. It seems quite convenient.

    Along with the denial of the FMLA protection there are some hinky things going on that are leading my wife to believe they are going to try to fire and replace her. Her boss has also been adding tremendous stress to her with all the run-around about the leave, her workload, and other things related to her pregnancy. She was told her clothing was "innappropriate for a pregnant woman" one day. She has had slightly low fluid and has been told by doctors to try to take it easy so she does not get put on hospital bed rest. When she told her boss this she was told she was no longer allowed to get up from her desk for almost anything which made her feel uncomfortable since pregnant women have to go to the restroom quite frequently, especially when having to drink extra water to help replenish fluid levels. In general her boss has made her feel very uncomfortable and stressed, worrying about her job security etc.

    Do we need legal counsel and is her company doing things that could be actionable?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA and Pregnancy Issues

    There are no laws in GA, or in most states, and no Federal laws that require an employer to pay anything at all. Paid medical leave is not required in 45 out of 50 states, GA included. Employers are allowed to make changes to their benefit plans as business needs suggest. Unless you have a valid and supportable reason to believe that the SOLE reason the policy was changed was to deny your wife benefits that she would otherwise be entitled to, there's really no place to go here.

    FMLA eligibility requirements are set by Federal law and are carved in stone. Even if the only reason she has not worked 12 months is because of a temporary layoff, if she has not worked there for 12 months then she is simply not eligible for FMLA. That is not something the employer has the option of changing.

    She cannot take legal action because she thinks that she might be fired at some time in future. If she is fired or laid off, and if there is a valid and supportable reason to believe that the sole reason she was selected for termination is that she took FMLA leave, she can take legal action then.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: FMLA and Pregnancy Issues

    According to the FMLA she is technically eligible because she has worked 12 months cumulative, just wasn't consecutive so we are pretty sure that is going to go through on reapplication. Also she has worked more than the required 1250 hours.

    I was pretty sure the policy change would be legit, even though it is odd timing. I have been telling her she needed very solid specific evidence of any kind of discrimination for it to be worth pursuing. She wants to go speak with some lawyers and I wanted to find out first if it is worth our time.

    Thanks for the response, any other dissenting opinions are welcome.

    Quote Quoting Dogmatique
    View Post
    The company has done nothing wrong legally.

    I have to ask you a question though - do you really think that the company is changing the policy purely because of one employee's health status?
    Honestly yes, but not my wife. The company has another employee who has been out on leave for almost 3 months and has been getting paid the entire time. This employee is abusing the FMLA and is claiming she "threw her back out while FILING PAPERS" and is now suing the company for workers comp or some such BS. Somehow the company is caught in a bind of not being able to fire this person, even though she regularly abused her sick days, was terrible at her job, and now has been gone for 3 months all while getting paid by the company and STILL SUING THEM.

    Of course none of that really has anything to do with my wife, but I am certain that is the reason they are changing the policy and my wife is probably just an unfortunate victim of this other employee's abuse.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: FMLA and Pregnancy Issues

    The company has done nothing wrong legally.

    I have to ask you a question though - do you really think that the company is changing the policy purely because of one employee's health status?

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