Job protection

[Anonymous]

Hey.....wondering if anyone can offer any advice on my situation. I'll be 31 weeks soon and I have previa along with continuing morning sickness and anemia. I'm looking at potentially being written out and I'm concerned about job protection. I spoke to my HR Rep at work and he indicated that I had FMLA and ADA coverage. I spoke with our corporate office and they tried making a big thing out of running out of FMLA before I get the okay to return to work after the birth. When I asked about ADA they said that was a possibility but clearly seemed to not like that I was aware of that additional protection. Thoughts on this? I would think ADA would be a pretty clear cut yes or no for a situation like this.

[Anonymous]

OP here, meant to post this in expectant moms but open to any feedback.

[Anonymous]

If you have reason to think that your job might be in danger, I would consult with an attorney who specializes in ADA/discrimination issues to find out exactly what your rights are and how to protect yourself. For example, you may need certain medical documentation, to document all conversations with your supervisors and HR, etc.

[Anonymous]

If your actual job is going away (like laid off) FMLA and AdA don't protect you. Wasn't sure if you meant your job was going away or they were trying to push you out due to extended absence.

[Anonymous]

Anonymous wrote:If your actual job is going away (like laid off) FMLA and AdA don't protect you. Wasn't sure if you meant your job was going away or they were trying to push you out due to extended absence.

This, too. If the company is truly eliminating your position, then you might not have any protection.

[Anonymous]

Don't know where you work, but at my agency - there's a lot of guidance on legit use of sick leave. If you're put on bedrest, you can utilize your sick leave for that time until you run out and you don't necessarily have to invoke FMLA to do that (that doesn't give you the same job protection as FMLA, but it does keep you active on the pay roll and acknowledges your short-term illness, so maybe ADA comes into play? I don't know really). When your sick leave runs out, then you can invoke FMLA with unpaid leave and you only get 12 weeks of that. But be sure you fill out whatever paperwork is required by your employer for FMLA - taking LWOP for pregnancy or the birth of a child doesn't automatically mean you've invoked FMLA at my agency. You have to fill out a form first, specifying that you're invoking FMLA, not just utilizing leave.

[Anonymous]

It seems like your conditions are pregnancy associated and will likely go away after you give birth. If that's the case, then even if you were previously covered by the ADA, it would stop when you no longer have these conditions.