QUESTION
Can they tell me I cannot use the leaves I've accumulated for maternity leave because it is December?
Asked on Nov 13th, 2013 on Labor and Employment - Michigan
More details to this question:
I work at a casino. I do not qualify for FMLA but I will qualify for personal leave on December 17. They will not allow me to use my personal leave or any paid time off that I've accumulated for maternity leave due to having my baby in the month of December. Instead they are saying that I will be let go due to medical reasons. They are also saying I can re apply at any time but they cannot promise that there will even be a job for me there. I'm due on December 27 so qualifying for the personal leave isn't an issue but being in the month of December is which is why they won't let me use either. Is there anything that I can do about this?
3 ANSWERS
I only answer GA questions. Since we have no casinos in GA, I presume you are not in GA.
Answered on Nov 18th, 2013 at 8:25 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You may have a case against your employer for disability discrimination. Laws in many states (including California) require employers to allow their employees to take time off because of pregnancy and childbirth, regardless of which month the baby is due in. You should talk about your situation with a local lawyer who specializes in disability discrimination cases.
Answered on Nov 15th, 2013 at 9:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You rights to leave should not be determined by the month in which you seek to take it normally. I would suggest that you engage an attorney to review your situation and rights. Take with you your employment contract and/or employee manual.
Answered on Nov 14th, 2013 at 3:50 PM