I recently started a new job and didn't disclose that I was 35 weeks pregnant when hired. I had my first day of work yesterday and upon being given their

I recently started a new job and didn't disclose that I was 35 weeks pregnant when hired. I had my first day of work yesterday and upon being given their "personnel manual" they stated that you had to be a full-time employee for one year before being entitled to maternity leave. It's a small company with 9 employees. From what I understood, they have no length of service requirement in place for an employee to take sick leave or disability leave. My question is, could they legally fire me once I tell them I will need 2-3 weeks off for having my baby?

3 answers  |  asked Mar 28, 2015 6:17 PM [EST]  |  applies to Ohio

Answers (3)

Bruce Elfvin
The eligibility for maternity leave should be same as any other temporary non-work related disability. If the employer bans anyone from taking time off for a broken arm in year 1 you may have issues which are not addressed. If the employer allows persons with non-job related injuries or disabilities to take time off in the first year you may have an argument. As this is a small employer there will not be FMLA leave available.

posted by Bruce Elfvin  |  Mar 30, 2015 2:05 PM [EST]
David Neel
Typo in answer -- you are NOT eligible for FMLA protection.

posted by David Neel  |  Mar 28, 2015 6:27 PM [EST]
David Neel
Funny you ask because the US Supreme Court just decided a case this week on the legal issue involved in your situation. The full-time for one-year limitation relates to eligibility for protection under the Family & medical Leave Act, which you are eligible for. Protection under the Pregnancy Discrimination Act is another matter and is the law addressed this week by the US Supreme Court.

You should consult with an employment lawyer.

posted by David Neel  |  Mar 28, 2015 6:26 PM [EST]

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