Can I be fired for being ill while pregnant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be fired for being ill while pregnant?
I am 20 weeks along. I gave my employer a doctor’s note that did not say to stay home; it said to take
it easy. Well, my boss said OK. They keep pushing me beyond the limits of my note so when I had to go home today for being ill and in severe pain, they emailed me to stay home while they
Asked on July 25, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
They cannot fire you if--
1) You are eligible for Family and Medical Leave Act (FMLA) coverage (have worked there at least 1 year; worked at least 1,250 hours in the past 12 months), the employer is covered by FMLA (has at least 50 employees located within a 75-mile radius), *and* you use unpaid FMLA leave to take time off while you can't work.
2) You stay out of work when you can't work and use paid time off (PTO), like sick or vacation leave you earned, to cover the absence.
However, if you can't do your job--either you can't work your full hours, or you can't do the core or important aspects of your job (this is what we mean by "can't work" for this answer: can't do all your responsibilities or full hours)--then you may be terminated. An employer has no obligation to retain someone who misses work or cannot do her job, even due to pregnancy, unless that person uses FMLA or PTO for any missed work. The doctor's note has no authority over your employer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.