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Is an employer allowed to lay you off because you are pregnant? |
i asked this question in pregnancy section and i wanted to ask it in the law section to make sure i get the same answers i can peform my job its not hard at all and even the doctor says its ok for me to work if you can't perform the job yes If there's something about your job which is actually dangerous to you or the baby - such as, say, working with radiation - then they can put you on leave for a period of time. (In some places they have to find you an equivalent, non-hazardous position, if one exists.) no he can not lay you of if you are pregnant and your doctor says you can still work it is called discrimination and you can sew him for wrongful termination talk to a lawyer he will tell you the same thing If he fells you can't do the job, or that the job can endanger your child, he can absolutely lay you off. You would have to find out by the department of labor. I hope you documented some of this stuff because it is illegal to lay someone off because they are pregnant especially when the doctor is not restricting you. Pregnancy lay off or firing is the reason the government enacted the Family Medical Leave Act (there are conditions to qualify such as employed for one year or 1250 if part-time). Get yourself a labor or employment attorney - most of them will give you a pro bono consultation. It may depend on your specific state laws, but I don't think it's generally legal for an employer to lay you off for pregnancy. However if your ability to do your job is compromised, he can put you on medical leave, which would mean your job is secure for when you're able to work again, but he doesn't have to pay you during the time you're off. If you're able to continue to work as you were before, there's really no reason for him to do either and you probably should contact your state department of labor to find out what your specific state law says about this matter and exactly what your rights are, and explain the situation to them, and if necessary and if it's feasible for you, talk to a lawyer as well. Your employer may be allowed to lay you off work for being pregnant if you are not able to perform your duties and it would endanger your baby or your health. You said you do home health care. How could you care for the person you are charged with taking care of if you went into a spontaneous abortion and had to go to the hospital? Or how about morning sickness? Could you take care of someone while holding your head over the toilet and throwing up your toenails? I don't think so. If he's willing to let you draw unemployment, take it and be grateful. |
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