Terminated while on maternity leave

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Latest post Tue, Jan 26 2016 10:33 AM by OliviasMom. 5 replies.
  • Mon, Jan 25 2016 2:03 PM

    • Jewel37
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    Terminated while on maternity leave

    I was terminated before I came back from my maternity leave in the state of Florida. I got a phonecall one week before I returned to work. I wasn't approved for FMLA because I was there for less than a year, but my department head and HR  approved 16 weeks of leave. One other woman had taken the same amount of time for maternity leave before me. It is a very big company, 2 other people got terminated at around the same time from my department and a know of maybe a 2 more outside of my department. I, unfortunately, signed a full and final release that says that I "will release and discharge Employer from all claims demands and liabilities whatsoever," however, in hindsight I had post-partum depression. I was really caught offguard with the whole situation, and in reflection, I don't think I should've signed it. I was in good-standing with the company, and I was told that I was doing a great job. Is there anything that I could do?

     

     

     

  • Mon, Jan 25 2016 3:12 PM In reply to

    • cbg
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    Re: Terminated while on maternity leave

    Not likely. If others were termed at the same time it sounds like a downsizing, and even FMLA would not protect you from a termination that would have occurred regardless of whether you took leave or not. The burden of proof would be on you, at least initially, to show that if you had not been on maternity leave you would not have been selected for layoff.

    Just FYI, eligibility for FMLA is set by Federal law, not by the employer. It does require at least 12 months tenure with the employer as well as other factors. If the leave does not qualify for FMLA, then in the absence of a state law (which Florida does not have) the leave is not protected.

     

  • Mon, Jan 25 2016 3:51 PM In reply to

    • Jewel37
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    Re: Terminated while on maternity leave

    Thank you very much.

  • Tue, Jan 26 2016 7:10 AM In reply to

    • Drew
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    Re: Terminated while on maternity leave

    I agree, as posted it sure does not seem you were singled out because you were pregnant..but because of some broader cutbacks.

    IF you seek UC..be sure to watch your words .....



  • Tue, Jan 26 2016 9:33 AM In reply to

    Re: Terminated while on maternity leave

    You're certainly free to consult with a local employment attorney (and by that I mean one in the area where you worked, which appears to be different from where you are now).  However, you signed a release, and your after-the-fact regrets about that aren't going to allow you to get around that.  It's also not clear how long ago these events occurred, so applicable deadlines may have passed.  Finally, it's not clear that your termination was legally wrongful because you weren't eligible for FMLA.

  • Tue, Jan 26 2016 10:33 AM In reply to

    Re: Terminated while on maternity leave

    Maternity does not protect you from being fired or laid off. Other people lost their jobs. I am not sure how you will prove you were fired just because of that.

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