Do I have a discrimination case due to pregnancy?

UPDATED: Sep 30, 2022

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Do I have a discrimination case due to pregnancy?

I’ve been employed by this company for a little over a year. I found out I’m pregnant almost 3 months ago. I’ve had to go to the hosptial 3 times due to pregnancy issues and I’ve called out twice with 8 hours notice without hospital visits. One was 5 months back when I had a really bad cold and one was again due to a pregnancy issue but I didn’t need a hospital visit for that one. I’ve given my boss hospital notes for each time I’ve gone. She’s started cutting my hours. I used to get between 4 and 5 days a week

and now I get 2 or 3 days. She told the manager and other employees about how she’s done with dealing with me and if I call out one more time, she’s going to fire me. I was supposed to work today but she replaced me and didn’t even tell me. She also apparently has been listening to conversations I have with other employees without my knowledge through her security cameras. I’m just at a loss of what to do. I’ve been a loyal employee and she’s proven she could care less.

Asked on September 25, 2016 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your company is covered by FMLA (at least 50 employees) and you have used pregnancy related FMLA leave, or you have and have used sick, personal, or vacation days you earned (PTO) for the absence, then it is illegal to take action against you. But if you have missed work without using FMLA or PTO, even if it is for doctor's visits, the employer may take action against you; except as required by FMLA, or in the exercise of PTO you earned, an employer does not need to let you miss work for medical or pregnancy related reasons and may take action against you for being absent.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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