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12-14-2012 at 11:45 AM
lvetter622
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:-(

 I m now 11 weeks pregnant and decided to tell my boss I was told that I have one week leave all year when I use it, it is gone all other time off is unpaid and if over a week I will be let go and no more health insurance. I don’t make enough to stay where I m living, when my husband was alive we were fine but since I lost him last month to a drunk driver, I have lost all hope I have never been so depressed in my life. I don’t know where to go or where to turn.


 
12-14-2012 at 11:54 AM
mrshall102...
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Are they allowed to do that?  I'm sure someone here knows a lot more than I do, but that seems illegal to me. 

Sorry you're having such a rough time.  I can't imagine what you're going through. 


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12-14-2012 at 11:56 AM
UTQT09
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I am so so sorry for your loss! Prayers sent out to you and your growing bean! Do you have any family close by that may be able to help out?

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12-14-2012 at 11:57 AM
Washington...
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That is illegal! Where do you live?

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12-14-2012 at 11:58 AM
amarissa85
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How long have you been employed there? Pretty sure that's not legal
12-14-2012 at 11:59 AM
lvetter622
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We moved to Maryland last year for his work, we have made a few friends but no family is here. We were both born and raised in Cali.

 
12-14-2012 at 11:59 AM
andrea0418
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I'm so sorry for your loss and that u are going through this! I don't know If every state is different but I'm pretty certain they have to hold your job for 6weeks. It might be unpaid but I didn't think they could fire you!! I would definitely check into it!!!

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12-14-2012 at 12:00 PM
lvetter622
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We moved to Maryland last year for his work, we have made a few friends but no family is here. We were both born and raised in Cali

 
12-14-2012 at 12:00 PM
lvetter622
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7 months

 
12-14-2012 at 12:07 PM
Dresch25
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How many people does your company employ?  I believe if they have less than 50 employees, they do not have to have a maternity leave policy. 

Edit forgot the zero.  should read 50 employees 


 
12-14-2012 at 12:11 PM
lvetter622
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We only have 27 people here

 
12-14-2012 at 12:14 PM
Dresch25
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http://www.nccp.org/profiles/MD_profile_28.html

Family and Medical Leave

The federal Family and Medical Leave Act (FMLA), enacted in 1993, entitles eligible employees to take up to 12 weeks of unpaid, job-protected family or medical leave in any 12 month period. Family leave may be taken for the birth and care of a newborn child; for the adoption or foster care placement of a child; or to care for an immediate family member (spouse, child, or parent) with a serious health condition. Medical leave may be taken when the employee is unable to work because of a serious health condition. Employers are required to continue providing health insurance for employees who received it prior to the leave, and employees are entitled to keep other benefits accrued prior to the leave.

The law applies to private sector employers and public agencies, including state, local, and federal employers, who employ 50 or more employees in 20 or more weeks in the current or preceding calendar year. To be eligible for FMLA benefits, an employee must (1) work for a covered employer, (2) have worked for the employer for at least 12 months, (3) have worked at least 1,250 hours over the previous 12 months; and (4) work within 75 miles of an area where at least 50 employees are employed by the employer.

Some states have chosen to extend the federal FMLA protections for working families by extending eligibility to additional workers and/or by extending the length of allowed leave. In addition, while the federal law guarantees only unpaid leave, six states now offer partial wage replacement for medical or family leave, and more than half the states have passed laws allowing employees to use their sick leave to care for sick family members, though in most cases these laws apply only to public sector employers


 
12-14-2012 at 12:58 PM
ZacksBride
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unfortunately, FMLA only applies to companies with greater than 50 employees.  Are there only 27 people in your entire company, or do you work in a small branch of a larger company?

i'm sorry, but if the company is really only 27 people there might not be much you can do :( 


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12-14-2012 at 1:02 PM
SkyBee
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I am very sorry for your loss. It doesn't sound right to me that they can let you go for more than a week off. Granted, I understand if it is unpaid, but you shouldn't be let go for it. Is it a small business?

 
12-14-2012 at 1:03 PM
SkyBee
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ZacksBride:

unfortunately, FMLA only applies to companies with greater than 50 employees.  Are there only 27 people in your entire company, or do you work in a small branch of a larger company?

i'm sorry, but if the company is really only 27 people there might not be much you can do :( 

This. I am so sorry.


 
12-14-2012 at 1:11 PM
PrimRoseMa...
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I'm so sorry! Talk to your OB immediately. They have resources for you about state assistance and housing. The whole bit. Apply and go through the process.

Do you have friends, family or inlaws you could crash with until you find some place cheap and cheerful to rent?

I am so very sorry for the loss of your husband and all of this bad news at once right before the holidays. You and your LO are in my thoughts/prayers.

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12-14-2012 at 2:21 PM
lalvillar0...
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Talk to your OB. I live in CA, but I work for a company that has less than 50 employees, and if you get your OB to write you a letter about the stress involved, the company must give you 16 weeks of job protection and continue your insurance benefits. Apparently it's a loop hole that people use. My boss is doing it and she is 7 months along right now. Our HR rep actually suggested it as an alternative to FMLA since we don't apply.
 
12-14-2012 at 2:46 PM
Tink1704
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FMLA doesnt allow him to do that. Your are entitled to 12 weeks leave. You may not be paid for it but if he were to fire you because of having a baby you can sue him for a lot money and you would def qualify for unemployment. So sorry to hear about your husband. My thoughts and prayers are with you and your little peanut.

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12-14-2012 at 2:57 PM
beckajw
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Tink1704:
FMLA doesnt allow him to do that. Your are entitled to 12 weeks leave. You may not be paid for it but if he were to fire you because of having a baby you can sue him for a lot money and you would def qualify for unemployment. So sorry to hear about your husband. My thoughts and prayers are with you and your little peanut.

 

This is NOT true.  FMLA would not cover this situation.  The employer is too small (only 27 employees).  Also, as of right now, even with a larger employer she wouldn't be covered.  You have to have worked for the employer for at least one year. 

If your boss were to fire you for being pregnant, you could sue under the PDA.  However, you would have to prove that he doesn't treat other people the same way.  If anyone who is out more than a week over their paid time off would be fired, you won't have much luck in that suit.  All your boss is required to do is treat you the same as he treats everyone else.  You aren't entitled to anything special just because you are pregnant.

 However, check your state laws.  You may be entitled to some additional protections through those.  Also, you may be able to get disability coverage (I know we can in NJ).

 

Also, you should be able to get unemployment if they terminate you for needing time off.  Check your state laws.


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12-14-2012 at 2:57 PM
pantsarell...
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Unfortunately, FMLA doesn't apply to you with only 27 employees in the company. Do you happen to have short term disability insurance?

 I'm in Maryland as well, though. What do you do for work? You can PM me if you want, but I can try to help you find something else in your field. I've lived here for several years and can point you to less expensive areas to live as well community outreach programs. 



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12-14-2012 at 3:15 PM
MotherMayE...
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If that is the standard amount of sick time given to every employee then that probably is correct and legal. But if you have been with your job long enough you may qualify for short term disability. You should review the FMLA.

 

[EDIT: I see now that you have not been with your job long enough and that there are too few employees. You may still want to make sure that one week is the maximum amount of sick time given to all employees.]


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12-14-2012 at 4:48 PM
Rocks526
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lvetter622:

 I m now 11 weeks pregnant and decided to tell my boss I was told that I have one week leave all year when I use it, it is gone all other time off is unpaid and if over a week I will be let go and no more health insurance. I don’t make enough to stay where I m living, when my husband was alive we were fine but since I lost him last month to a drunk driver, I have lost all hope I have never been so depressed in my life. I don’t know where to go or where to turn.

 

Lurker here and live in Maryland. I belong on the TTGP board but, wanted to chime in.  I'm sorry that you are going through this.  I won't touch on the FLMA since it has already have been address, however I wanted to address the insurance part.  Have you tried applying for medical assistance? I work for a local health insurance company and they also manage one of the seven of the managed care organizations (MCO's).  I know you have insurance now but, it doesn't hurt to have more than one insurance, especially if you might loose your job.  If you qualify your for an MCO your baby will automatically qualify.  

 
12-14-2012 at 5:06 PM
SLSeibert1
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I am so, so, sorry for what you're going through! I don't have any additional advice, but so many of the PP have said great things that hopefully will allow you to start somewhere. GL to you and your sweet, growing LO!

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12-14-2012 at 5:26 PM
notquitebl...
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lvetter622:
We moved to Maryland last year for his work, we have made a few friends but no family is here. We were both born and raised in Cali.

I'm so sorry you're going through all this.  If you want to, I think moving back to California may be better for you.  You have lots of time to find a new job and from what I know, the laws there about paid medical leave are a lot more liberal than the federal law.

http://www.paidfamilyleave.org/


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12-14-2012 at 7:13 PM
kgoldsmith...
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I am lurking here..I post on TTGP board but I wanted to reach out to you. I was widowed when I was a few weeks pregnant with my daugther. That was almost seven years ago. Please feel free to private message me if you need to talk. I know how very hard and long the road you are on is and I am so very sorry for your loss. I joined a board http://www.widowstooyoung.com/cgi-bin/yabb2/YaBB.pl durring that time. It is super helpful to talk to others who are in the same place as you! Again I am so sorry!
12-14-2012 at 7:50 PM
kjfox10
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I'm so deeply sorry for your loss. I can't imagine what you are going through!! Just want you to know I'm sending you lots of thoughts and prayers!

As for the work...check with your state. I'm not very familiar with this situation but... I know some states company's can get away with not paying their employees with maternity leave. But then there are others states that do pay.  I'm sure there's something that can be done, especially with the loss of your husband.

T&P headed your way<3

12-14-2012 at 8:20 PM
heatherall...
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wow. just wow. Seriously you poor thing, I cannot even imagine what you are going through right now. Ugh. I'm sorry I'm not real helpful but I just wanted to give you my condolences and let you know that you are in my thoughts and prayers :(

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12-14-2012 at 8:23 PM
meimsx
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beckajw:

Tink1704:
FMLA doesnt allow him to do that. Your are entitled to 12 weeks leave. You may not be paid for it but if he were to fire you because of having a baby you can sue him for a lot money and you would def qualify for unemployment. So sorry to hear about your husband. My thoughts and prayers are with you and your little peanut.

 

This is NOT true.  FMLA would not cover this situation.  The employer is too small (only 27 employees).  Also, as of right now, even with a larger employer she wouldn't be covered.  You have to have worked for the employer for at least one year. 

If your boss were to fire you for being pregnant, you could sue under the PDA.  However, you would have to prove that he doesn't treat other people the same way.  If anyone who is out more than a week over their paid time off would be fired, you won't have much luck in that suit.  All your boss is required to do is treat you the same as he treats everyone else.  You aren't entitled to anything special just because you are pregnant.

 However, check your state laws.  You may be entitled to some additional protections through those.  Also, you may be able to get disability coverage (I know we can in NJ).

 

Also, you should be able to get unemployment if they terminate you for needing time off.  Check your state laws.

she only has to work for the company for a year before she delivers. Not before she gets pregnant. If she stays she would be there for a year before she actually has the baby.

The size of the company is the real issue. 


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12-14-2012 at 9:18 PM
Harleybayb...
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sorry for your loss but check into what the employe conduct and contract may state in there.. there may be some information there hope this helps
 
12-15-2012 at 4:17 PM
GeraldoRiv...
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It's not illegal. It's perfectly within their rights.

 

This country f'ing sucks. 


 
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