QUESTION
Can my company fire me for taking leave after my baby is born?
Asked on Feb 21st, 2013 on Labor and Employment - Illinois
More details to this question:
I started in mid December and my child is due in early May. I was told that i would not recieve any leave and I would only be allowed to take any vacation time I have. By that point I will only have accrued 3-4 days of vacation and will not be elligible for return to work by my doctor. What actions would I be able to take to protect my new job?
1 ANSWER
4 Awards
As you have not worked at the company for at least 12 months, you are not entitled to FMLA leave (you would also have to be full time, and there would have to be at least 50 employees working for this company to qualify for FMLA). Therefore, the only remedy or rule that might apply would depend on whether other employees who worked for a similar period of time were allowed to take a longer leave for some medical reason, while you were denied the same benefit. If that is the case, you may have a claim for either gender or pregancy discrimination.
You should speak to any attorney to see if you have other options based on any additional facts in your case
Answered on Feb 21st, 2013 at 4:19 PM