builtjeep
Regular Member
So my wife gave birth to our daughter a month ago today.
At three months pregnant, her doctor put her under work restriction, no lifting over 25 lbs. When she turned the doctors note in to her employer, they immediately told her to fill out fmla paperwork, and short term disability paperwork and sent her home. They said that they do not provide light duty work except for workmans comp claims.
Short term disability denied her claim because pregnancy is not a disability, it was not a high risk pregnancy. This left our two income family scraping by on one income for the last 6 months of the pregnancy.
Today, exactly 4 weeks after giving birth, she got a call from HR asking for a return to work date, specifically she was told that she had to return this coming Monday, despite having been told initially that she could not return until cleared by her doctor.
She told the HR director that she certainly could not return with our baby being only 4 weeks old, to which the director responded "So you are resigning then?" and demanded that she email a letter off resignation. At this point my wife hung up the phone.
Do we have any recourse? She wasn't sure if she would return at all after being put out of work and in a situation where she couldn't even file for unemployment since she was technically still employed.
So now she has essentially been fired for being pregnant, but they are going to list her as having quit. The director actually told her that "We have already been extremely accommodating to you."
We are in Virginia btw.
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At three months pregnant, her doctor put her under work restriction, no lifting over 25 lbs. When she turned the doctors note in to her employer, they immediately told her to fill out fmla paperwork, and short term disability paperwork and sent her home. They said that they do not provide light duty work except for workmans comp claims.
Short term disability denied her claim because pregnancy is not a disability, it was not a high risk pregnancy. This left our two income family scraping by on one income for the last 6 months of the pregnancy.
Today, exactly 4 weeks after giving birth, she got a call from HR asking for a return to work date, specifically she was told that she had to return this coming Monday, despite having been told initially that she could not return until cleared by her doctor.
She told the HR director that she certainly could not return with our baby being only 4 weeks old, to which the director responded "So you are resigning then?" and demanded that she email a letter off resignation. At this point my wife hung up the phone.
Do we have any recourse? She wasn't sure if she would return at all after being put out of work and in a situation where she couldn't even file for unemployment since she was technically still employed.
So now she has essentially been fired for being pregnant, but they are going to list her as having quit. The director actually told her that "We have already been extremely accommodating to you."
We are in Virginia btw.
Sent from my DROID RAZR using Tapatalk 2