If I’m pregnant andstarted takingFMLA 4 weeks ago, can my employer terminate me for takingthis timebefore giving birthbecause I’m not having any complications?

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If I’m pregnant andstarted takingFMLA 4 weeks ago, can my employer terminate me for takingthis timebefore giving birthbecause I’m not having any complications?

Asked on December 8, 2011 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, your employer probably can terminate you. Family and Medical Leave Act leave is for medical conditions or the birth of a child. From what you wrote, you starting taking leave before giving birth--so it's not for the birth of a child--and when there was no medical need or necessity to do so. FMLA leave is not a broad pregnancy-related leave or sabattical which an employee may take at will; it is speciifcally for birth (or to care for a newborne after birth) or for medical care.


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