Can I get laid off because I’m on bed rest due to a high risk pregnancy?

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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 11 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.

 


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