Can my employer fire me for calling in too much when I have morning sickness and have almost miscarried?

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Can my employer fire me for calling in too much when I have morning sickness and have almost miscarried?

Asked on May 18, 2011 under Employment Labor Law, Idaho

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Pregnancy Discrimination Act is a federal law that may apply to you I believe if you work for a company with more than 15 or so employees.  Basically it is an outcropping of gender discrimination which is obviously prohibited by law. Further, you need to understand that FMLA allows you to take up to 12 weeks off in any calendar year (doesn't have to be all at once) without pay and without fear of losing your job. You are sick, so the best thing to do (especially if you have short term or long term disability insurance) is talk to your doctor and see if you can obtain a doctor's note and if you qualify for short term disability since bed rest may be needed if you almost miscarried.


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