Employers are not allowed to discriminate against employees based on their pregnancy or other related health conditions. These rules come from the Pregnancy Discrimination Act and the Americans with Disabilities Act. A doctor’s note you gave to the employer can go a long way toward establishing your right to leave.
Virginia is an “employment at will” state, which means that you can quit at any time for any reason or no reason, and you can be fired at any time for any reason or no reason, but not an illegal reason such as pregnancy discrimination.
However, if you are not eligible for FMLA leave and have exhausted your sick leave, the employer is not necessarily required to grant you additional leave. This is a tricky issue and the caselaw and Equal Employment Opportunity Commission interpretations are a bit in flux.
Please call us to schedule a consultation so we can discuss in more detail the reasons the employer gave for firing you, the nature of your pregnancy-related illness, and other issues relating to the merits of your case.
Answered on Sep 18th, 2014 at 12:46 PM