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Terminated for maternity leave....

Posted by on Jul. 15, 2009 at 2:18 PM
  • 69 Replies

So how many of you shop at The Children's Place? It's a national chain that I shopped with for years. I starting working there last year as an Assistant Manager. When I was interviewed I told them I was pregnant and would need to take at least 3-6 weeks off for maternity leave. They stated it would not be a problem and offered me the position. A month before I was due, the District manager contacted me and stated that I was not there long enough to take a maternity leave. So I needed to set a date to resign or I could take 2 weeks and no longer. (Even though I had 19 days of vacation) I had my son March 4th. When I could not be medically released after 2 weeks, they terminated my employment. What is your take on this? I have been so overwhelmed by the situation! We have lost our home because I could not find another job right away. Its been one thing after another. I don't know what to do!sad

An added tid bit! Montana Law states that regardless the length of time an employee has been employed, maternity leave has to be granted for a reasonable amount of time. Reasonable is defined as the amount of time your doctor states you cannot work. The exact law states as follows;

  49-2-310. Maternity leave -- unlawful acts of employers. It shall be unlawful for an employer or his agent to:
     (1) terminate a woman's employment because of her pregnancy;
     (2) refuse to grant to the employee a reasonable leave of absence for such pregnancy;
     (3) deny to the employee who is disabled as a result of pregnancy any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by her employer, provided that the employer may require disability as a result of pregnancy to be verified by medical certification that the employee is not able to perform her employment duties; or
     (4) require that an employee take a mandatory maternity leave for an unreasonable length of time.

     History: En. 41-2602 by Sec. 2, Ch. 320, L. 1975; R.C.M. 1947, 41-2602(1); amd. Sec. 1, Ch. 285, L. 1983; MCA 1981, ; redes. by Sec. 2, Ch. 285, L. 1983.

by on Jul. 15, 2009 at 2:18 PM
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Replies (1-10):
meesa0210
by on Jul. 15, 2009 at 2:21 PM

I don't even think that's legal. Is it?

Complete717
by on Jul. 15, 2009 at 2:23 PM

That's awful...and really shitty.  I could be mistaken but I think they are required to give you at least 6 wks?  under the FMLA (family medical leace act). 

MOMby19
by on Jul. 15, 2009 at 2:25 PM

i'm pretty sure that's illegal. i may be wrong, but i think under the Family Medical and Leave Act after you've been employed for like 6 months you get x amount of time guaranteed unpaid leave. i know that when i had ds my SO and i were guaranteed 3 months. now my SO has a better job and has been there for almost 2 years now and he's guaranteed 6 months of unpaid leave, but can use his vacation, holiday, and sick pay to get it paid.

like i said i may be wrong... but i'm like 95% sure that they HAVE to give you some kind of maternity leave. and they KNOW that. if i were you i'd call a lawyer and ask them. 

shanetalee
by on Jul. 15, 2009 at 2:26 PM

I dont know what to do about it now. But maybe when you where offered the position and you told them your situation, after they said it was not a problem( maybe you could of gotten that in writing). I dont know if you could try legal acting, but I dont know who far it would go since it was hear say.

I know that my old job did the same thing. Let me go a week before my son was born. I was so upset. I was in the process of suing the company until I got word that the company had folded and was no longer in service. I dont want to see anyone company go under like that, but to be honest I was happy.

But I guess all I can say is try legal acting and see how far that gets you. Good Luck!!

tatinbriansmom
by on Jul. 15, 2009 at 2:26 PM

Call the department of labor and see what they tell you. Also, maybe you can go on unemployment. If u dont qualify from that job maybe you can qualify for previous jobs. Good Luck!

iluvmommyhood58
by on Jul. 15, 2009 at 2:26 PM
So, you hadn't been there 12 months? Just want to clarify.


FMLA protection requires 12 months of employment. But I'm not sure about Americans with disabilities act.. Pregnancy is considered a disability for intensive purposes.


KristinRox
by on Jul. 15, 2009 at 2:28 PM

I think you need to contact a lawyer. I believe what they did to you was unlawful. Not only unlawful.. but DISGUSTING! If this were to happen where I am from, they could get in HUGE trouble, and you would get your job back, plus any money you were out, while they had you terminated.

im so sorry that youre so stressed and that they did this to you. Its AWFUL! ~kristin~ 








 A group for proud c-section mommies!
http://www.cafemom.com/group/csectionsupport - group admin

lionslambs
by on Jul. 15, 2009 at 2:32 PM

I believe the FMLA entitles u up to 12 weeks UNPAID maternty leave, but u can still go back to ur job after that 12 weeks is up.  they have to 'hold' that job 4 u 4 up to 12 weeks.  I would start googleing FMLA etc.  I believe u were wrongly fired, and if thats the case u can get unemployment...maybe theres a group on here for legal questions?? check it out...

TigerBaby69
by on Jul. 15, 2009 at 2:35 PM

By law they have to give you 6 weeks maternity leave and since hey knew you were pregnant and gave you the job they should have realized you would like to take those 6 weeks off to be with your baby, and you have the right to use your vacation time as well.
i would call the BBB and legal board thing.

babies
babies
Jenster18
by on Jul. 15, 2009 at 2:38 PM

Please contact me, I am going to add you as a a friend.  What they did to you is wrong.  it may not be illegal, but is wrong.  I was fired for having a 2nd miscarriage.  I am a Licensed therapist and professor and I am working with another Dr. on writing a book about society's response to miscarriage.  This includes employer's.  We need to talk! :)

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