Legal Question in Medical Leave in Alabama

Fired while on maternity leave

My employer and I agreed it was best that I take time off and rest before the birth of my son. He asked me if I would be able to return within 8 weeks of giving birth. I told him I would. I found someone to replace me while I was out, about 1 wekk before I gave birth she quit. I spoke to the Dr. and he told me he had help until I was able to return. My son was 5 weeks old when I went by to pick up some papers from him, and he assured me that I would return to work in 3 weeks and was looking forward to having me return. 2 days before I was to return he called and said he had hired someone and I was no longer needed. Is there anything that I can do? I made him aware that I was pregnant before he hired me, and I feel cheated out of my position.


Asked on 4/13/05, 9:30 pm

1 Answer from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Fired while on maternity leave

While this is normally a violation of several laws, the Pregnancy Discrimination Act, and the Family Medical Leave Act in particular, recovery depends on one thing left unsaid in your question: How many employees does your company have? In order to qualify for FMLA, the employer needs at least 50 employees working within a 75 mile radius. For Pregnancy Act, the employer needs at least 15, preferably a lot more though.

From the tone of your question it sounded like you were working for a doctor, correct? Or was this a hospital with hundreds of employees?

If this is a big enough business, I'd definitely be interested in talking to you as soon as possible about getting your job back or a significant recovery.

Sterling L. DeRamus

[email protected]

205/458-1100

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Answered on 4/14/05, 9:19 am


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