Legal Question in Medical Leave in Ohio

Is There Anything I Can Do?

I worked for an employer for 1+ years, when I notified them I was pregnant in 01/01. I consulted my employee manual and the FMLA was stated and I ASSUMED employer supported it. Being a novice to the experience, I ASSUMED I would automatically be covered- I never signed papers. I gave birth on 9/11/01. I had given them notice of my plans to return in mid-Oct. I performed billable work for the company the week of 10/8/01. They then asked for the doctors release. It was faxed that week same week. They let me go on 10/18/01. I was out of work with a newborn, from 10/18/01 til 01/14/02, when I FINALLY found a new job.

I would like to file a formal grievance against the company, but I am not sure if they ever met the qualifications to offer FLMA. How do I find out if they have 50 employees working that live w/in the 75 mile radius?

The main office was in MI and they employed consultants from all over the US. Several employees had never even been to the main office, including myself.

Even if I can not receive compensation for loss of benefits, I would like to prevent this company from doing this in the future?

Please Advise?


Asked on 5/15/02, 10:35 am

1 Answer from Attorneys
Kelly Henderson

Re: Is There Anything I Can Do?

Many employers use a general employee handbook that somebody in the firm just "found" somewhere and so it would not surprise me that an employer's handbook had an FMLA section when the employer may have had less than 50 employees. Then again, maybe they are a growing company and are expecting to have 50 employees soon. Anyway, I wonder why you doubt they have 50 employees, did you question them about the handbook? Is there any chance you still have a friend there who could help with this issue? You might contact the Department of Labor that enforces the FMLA. They certainly have the resources to find out how many employees a company has. Being treated badly because of pregnancy also raises gender discrimimation issues that you might like to discuss with an employment attorney. Good Luck.

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Answered on 5/15/02, 5:13 pm


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