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Small Company- How do I tell the Boss? What are my rights?

I am almost 5 months pregnant. My boss is very demanding and hates the thought of his employees having a life outside of work. He thinks kids are the root of all evil; basically he's completely ridiculous and opposes pregnancy in short.

I have yet to break the news to him because I know he would try to replace me and then eventually fire me. My job allows me to work from home (which is why I put up with so much BS) and physically isn't demanding. I plan on working as long as I possibly can before the baby is born and returning as soon as I can once the baby is born if even for just a few "hours" a day.

I've been with the company for nearly 3 years and I am the ONLY employee on salary (everyone else is outsourced). Please keep in mind that FMLA does NOT apply to companies with less than 20 employees.

What should I do? When should I tell him? What are my rights as an employee for a small company?

Answer Question

Asked by blondxo at 4:15 AM on Dec. 14, 2009 in Pregnancy

Level 1 (0 Credits)
Answers (6)
  • all you can do is be honest. I too worked for a company not covered by FMLA when I got pregnant (it is agencies of less than 50 employees) Unfortunately, there is nothing you can do to protect your job, just go in with a plan of how you will keep up with your job once the baby is born

    Answer by peanutsmommy1 at 7:29 AM on Dec. 14, 2009

  • All you can do is have a very specific plan about how you will handle your work obligations, tell him the truth and hope for the best. As for when to tell him.....I guess before you start to show!

    Answer by BJoan at 8:33 AM on Dec. 14, 2009

  • Under the California Fair Employment and Housing Act, employers with 5 or more employees must give up to 4 months of unpaid disability leave to women facing time off work because of pregnancy, childbirth, or a related illness. California pregnancy disability leave (PDL) also requires that employers transfer you to a less hazardous or strenuous position within the company during your pregnancy, if necessary. In other words, your employer must make reasonable accommodations when you are having a baby. The only excuse a company has to deny reasonable accommodations is if it can prove such accommodations would put an undue burden or strain on the organization.

    This is in addition to the FMLA in CA - just because the federal guideline doesn't apply doesn't mean the state guidelines won't - call the labor board and ask them.


    Answer by Anonymous at 9:54 AM on Dec. 14, 2009

  • Cont'd

    If you already have been working from home and intend to continue to do so; your boss will have a hard time saying your pregnancy will cause an undue burden or hardship on the company.

    Good Luck and Congrats

    Answer by Anonymous at 9:55 AM on Dec. 14, 2009

  • In addition ^^^ If you're really concerned about him - document EVERYTHING and if he fires you for any reason after you've told him your preg; call an Att'y.

    Answer by Anonymous at 9:56 AM on Dec. 14, 2009

  • Let's say he deicdes to fire me for an "unrelated" reason in March 09. Would I be able to collect disability for say 4 months, and then (assuming I can't get another job) file for unemployment? Has anyone had this happen?

    I'm actually a replacement for a woman who had taken 6 months off to have her 2nd child. When she returned he filled her plate with so much work he knew she wouldn't be able to handle. She called and said she had to quit because she wasn't able to keep up. She was not only a great worker but a friend of his. He blames her kids for why she couldn't keep up with work..

    Answer by blondxo at 1:09 PM on Dec. 14, 2009

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