Can my work fire me for missing days because of pregnancy even though I have doctor’s notes?

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Can my work fire me for missing days because of pregnancy even though I have doctor’s notes?

I worked at my job for 5 months now. I just found out I was pregnant 2 months ago I’m only 2 months along. My work is aware that I was pregnant. The last week and a half I’ve been sooo sick, which made it impossible to even go to work. I’ve been to the ER 3

times during the last month because of dehydration and throwing up so much. I’ve let my work know everyday that I was going to be out. And I even had doctor’s notes to support my missing days. My boss hasn’t once kept in contact with me even though I’ve tried to explain my situation. However, today I got a call from him on his personal phone

letting me know that I was fired. I’m just wondering what I can do or can’t do? I’ve never been fired before. And I’ve also never been written up before.

Asked on December 13, 2016 under Employment Labor Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, you are not eligible for Family and Medical Leave Act (FMLA) leave, becasue you have not worked there long enough--you have to be employed by this employer for at least a year to get FMLA leave. (Also, unless you worked 1,250 or more hours in the last 12 months, and the employer also has at least 50 employees working within a 75 mile radius, you could not use FMLA anyway.)
However, if you don't qualify for FMLA, the employer is not required to give you medical leave--even with doctor's notes: the doctor has no authority over the company. Therefore, if you missed work without being able to use FMLA for it--or without using sick or vacation or paid personal days which you had earned--your absence was unauthorized and you could be terminated legally for it.


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