7.) What if I'm not covered by the FMLA? If you aren't covered by the FMLA, you might be covered under a state law that provides a right to maternity leave. Consult with a lawyer. Even if the law doesn't give you a right to leave, you can try to work out an agreement with your employer. If you do manage to work something out verbally, follow the meeting up with a memo describing the agreement and asking the manager to let you know immediately if something about your description is incorrect. Keep a copy of the memo at home. If you aren't covered by the FMLA or a state law, and your company provides leave for disability but not for pregnancy, you might have grounds for a sex discrimination lawsuit.
8.) What if I lose my job while I'm on leave? The FMLA prohibits interference with your FMLA rights and protects you from retaliation for exercising your FMLA rights. If your employer fires you and you think it's because you've taken a FMLA leave, then consult a lawyer -- you might have grounds for a lawsuit. If you are fired as a part of a general layoff that also applies to employees who are not on leave, an FMLA suit would be more difficult, unless you have some evidence that they laid you off because of your leave. If you are not protected by the FMLA, but you worked out an agreement with your employer in order to take a leave, and they fired you anyway, you might have a breach of contract claim.
For more information about the Family and Medical Leave Act, visit the U.S. Department of Labor's website, Women Employed, and Workplace Fairness.







2 comments so far...
Flag as inappropriate Posted by gavelect on 17th June 2009
On a lighter note, I am currently enjoy the freedom of being self-employed.. and my precious daughter!
Flag as inappropriate Posted by christine on 2nd June 2008