Can anyone tell me, in the state of California, can an employer fire a pregnant woman for missing work because she is sick?
Can anyone tell me, in the state of California, can an employer fire a pregnant woman for missing work because she is sick?
Your question lacks detail however if your attendance is poor yes you can be terminated
An employer has every right to expect you at work! If you were on leave for your condition (which you did not state was case) then you might be right. Your company needs to make money in order to pay you. If you are not at your job they cant stop buisness therefore someone elese for do your job which takes from there job and thus brings down production. This cost a company money. If the attendance of any employee becomes poor then some sort of action is required to fix that situation. that could be suspension, firing or just a write up. Since you gave no real details you answers based on your limited question. I understand your going to have a child and I understand Doctors visits are required (I Know I have five kids). However could appointments been made at better times for your company? If so theres part of your problem! Depending on how far along you are you can find new work collect unemployment or go off on leave and collect SSI for beign disabled (with child) However I canot say I can side with you with such limited detail other than you were fired for missing work!
Well see, here's the thing, I did type "missing work because she is sick?" Not to go to the Dr. You come across as being very hostile. I am in no way ignorant to the workings of a company or to how attendance effects everyone involved. I did not ask for your opinion about how or when to see a Dr. nor did I ask about unemployment or seeking a new job. I asked a very simple question. Too simple for you I guess. So I shal ask the complacated way...you probably will still not be able to give an acurate answer as it seems you know nothing of FMLA reg. or how they would aply to this situation.
Q. A woman has been working at a job for 5+ yrs with no problems at all regarding her productivity or attendance. Said woman becomes pregnant. She lives aprox.40 mils. from her job and has horrible *motning sickness* for most of the first trimester. Missing quite a few days work because of it. *Sickness* is bad enough she has lost weight not gained.Woman makes it to 6 1/2 months and is having severe headaches and diarreha, misses work again. She has missed a total of 13 days in the 6 1/2 mo. she has been pregnant. Employer tells her she is fired for missing too much work. Can anyone tell me if employer can do this or is there a FMLA reg. that would prevent woman from gettin' canned???
Is that enough detail?![]()
I have been an employee and a Supervisor in different companies for over 30 years and NOT ONCE did awoman who was expecting a child miss so much work that my company felt forced to terminate her! I have also (as stated)m have five children and yes there were days that mornning sickness and the like were near unbearable it again NEVER forced excessive absence! Now without a Doctor to verify your reason for absence you may be stuck. Hostile? No you asked a question i gave an answer its not my fault it wasnt the answer you wanted! read my signature line!
Here is the specific information that needs to be answered:
1.) How long as she worked for her current employer?
2.) How many employees does the employer have within 75 miles of her location?
3.) In the last 12 months, has she worked a minimum of 1,250 hours?
4.) How much time, if any, has she missed in addition to the 13 days in question?
Without exact answers to all of the above questions, no one can tell you whether FMLA applies.