Can my job fire me after my doctor gave me a note to be off for 15 days?

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Can my job fire me after my doctor gave me a note to be off for 15 days?

I’m pregnant and I have a certain condition that makes me throw up more than the regular for a pregnancy my doctor ordered me to stay home. I gave my job my doctors note has me off for almost 2 weeks and I even asked for FMLA ( Family Medical Leave Act) My job called and told me that they can no longer hold my position o I am guessing they fired me. Can I do something about this?

Asked on June 25, 2012 under Employment Labor Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

It sounds like you may have a claim under FMLA.  Under FMLA, qualifying employers are required to grant leave for "any period of incapacity due to pregnancy."  You have a couple of options.  1) You can file a complaint with the Wage & Hour Division of the U.S. Department of Labor.  They have one office in Phoenix, 230 N. 1st Avenue #402; and/or 2) You can hire an attorney and file your own civil complaint under FMLA in federal court.  Your attorney may also attempt first to settle your claim without going to court.  With FMLA, you do not have to exhaust your administrative remedies prior to pursuing your own case, if you do not want to.


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