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I just had a baby and I'm worried about getting back to work. It seems like my boss is trying to push me out.
Anonymous6 views3 answers
I have worked in a local bar for a few years and had recently given birth 3 weeks early. My boss knew that I was pregnant and my willingness to come back to work early. I went into labor and try communicating with my boss about when I would return which I would like to return sooner rather than later.after a few days of no response from him, he sent me a text message stating that he had no shifts currently available for me.he recently put me on the books for one of the three days that I work, otherwise I am off the books.I am filling out my FMLA paperwork to give to him but what are my rights at this point.how can I protect my job, it is not a high and bar so I don't think he has some sort of corporate structure or protocols written anywhere.
FMLA only protects people who work for a business with 50 or more employees. But the Pregnancy Discrimination Act applies if the business has 15 employees. And the NYS Human Rights Law applies with only 4 employees. You should contact an employment lawyer to discuss what you can do.
Scott M MooneyEmployment / Labor AttorneyRochester, NY ·
Be sure that you fill out and apply for FMLA leave, if it is applicable.
Also, be advised that discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
Therefore, under this law too, employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave.
You should set up a time to meet with a labor/employment attorney ASAP.
