Legal Question in Medical Leave in Indiana

Options other than FMLA

I started a new job in March.Shortly after,I found out I was pregnant.I informed my supervisor immediately and have done everything since then not to have my work or attendance affected.I know I don't qualify for FMLA since I haven't worked for 12 months but thought I had 6-8 weeks to recover from childbirth. A chance conversation with our HR rep told me the company was not legally required to hold my job and would probably terminate me and then rehire me when I was ready to return but my supervisor might agree to medical leave.This is the first I've heard of this.Between vacation and sick leave, I'll have 3 weeks paid leave but had a difficult first delivery that made walking let alone lifting a hardship even after 6 weeks.If terminated, that leaves my family (and newborn) without insurance for almost 4 months (maternity leave plus 90-day probationary period-again).Sounds like I'm at the mercy of my supervisor.What are my options?


Asked on 8/18/03, 8:28 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Options other than FMLA

If your employer discharges you to prevent you from utilizing health care benefits, you may have a claim under federal ERISA law. Please feel free to contact me at 317-955-9500 if you would like to discuss this further.

The information provided by Haskin Lauter & LaRue (�HLL�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. HLL is not taking and will not take any action on your behalf and will not be considered your attorney until both you and HLL have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain HLL on terms acceptable to HLL, you should immediately seek the services of another attorney.

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Answered on 8/19/03, 1:35 pm


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