Can I get laid off because I’m on bed rest due to a high risk pregnancy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get laid off because I’m on bed rest due to a high risk pregnancy?
My fiancee is on a doctor mandated bed rest due to a high risk pregnancy. This was issued back on 03/16 and she took her FMLA to save her job, and she was approved for short term disability. On 06/24 the company told her she had to be back at work for 06/30/11. Due to the bed rest she could not go back, and on 07/08 she was notified that she had been laid off as of 06/30/11. She is currently on long term disability and under a lot of stress due to the fact they terminated her insurance on that day as well. Is it legal to lay her off like that? No one else got laid off by the company.
Asked on July 29, 2011 Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Most states have laws requiring accomodations to employees who have health related issues such as high risk pregnancies where if the employee has medical orders to take time off from work for health related reasons, the employer must keep the person's position available for a reasonable time after the health issue has been resolved for the employee to come back to work if he or she desires.
This puts the employer in an awkward position in that if the employee who has medical leave performs a job where there is need for an immediate replacement, the employer will be forced to hire a "temporary" replacement for the disabled employee and the replacement employee's position could end when the disability of the first employee ceases.
There may be some federal laws also on this issue as well.
Your girlfriend and future wife should immediately contact the local labor department about what happended for a possible complaint against her former employer.
Good luck.
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.