Macon, MO asked in Employment Law for Missouri

Q: My Boss stated they were going to fire me when I give birth. I will have been here for 8 months when I go into labor

I know I haven’t been here for a year so they don’t have to give me paid leave and that’s fine but can they honestly fire me for giving birth?

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2 Lawyer Answers
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: It would be unlawful for an employer to terminate an employee for giving birth.

Robert Grant Pennell
Robert Grant Pennell
Answered
  • Manchester, MO
  • Licensed in Missouri

A: The short answer is yes and no. It is a violation of the Pregnancy Discrimination Act to discharge someone for giving birth. Still, the act doesn't require an employer to provide any preferential treatment to a pregnant woman. The Family Medical Leave Act (FMLA) is the only job protection statute that applies to your situation. Since you haven't been there for at least one year, you don't qualify for the Family Medical Leave Act (FMLA) provisions. Since you will be unable to work for a period of time around your child's birth and do not qualify for FMLA, you will be considered to have voluntarily quit.

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