Legal Question in Medical Leave in Indiana

FMLA not offered - Pregnancy

My daughter turned in a slip from the Dr stating that she could not work in excess of 40 hours. The HR Dept told her she could not use it to hold it closer to her due date. She then turned it in a week ago and was denied. She has Asthma and is 8 months pregnant. She had a Dr excuse for missing 3 days of work and was fired as they said she exceeded her allowed points. Doesn't this qualify for FMLA? And why did her employer not inform her of that? She works in a Factory along with another girl that is 4 mos pregnant and that girl is allowed to sit in the supervisor's a/c office when the heat gets overwhelming. Isn't that descrimination? Now she has been fired with not chance of getting another job being 8 mos pregnant. Is there anything she can do?


Asked on 8/15/07, 11:52 am

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: FMLA not offered - Pregnancy

Whether your daughter's three day leave qualifies for FMLA protection depends on a number of factors that were not included in your description, such as the length of your daughter's employment with the company, the number of employees at the factory and the specific cause of the three day absence. I would suggest that you contact an attorney to discuss her situation in more detail to ascertain whether an FMLA violation has in fact occurred. You may contact me at the number listed in my profile or at [email protected], if you wish.

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Answered on 8/15/07, 12:00 pm


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