Pregnant women rights for employment

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Pregnant women rights for employment

I started working for Walmart may 2nd,
I am currently 25 weeks pregnant and
I’ve been having a lot of contractions
lately. They say they don’t accept dr
notes so when I miss work due to the
contractions there is no use for me to
go to the hospital and get a Drs note. I
was wondering since my days missed
are due to contractions are they
allowed to fire me because of it?

Asked on July 10, 2016 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They are allowed to fire you if you miss work, regardless of the reason, unless:
1) You have an use paid time off (e.g. sick, personal, or vacation) days for it;
2) You are eligible for and use FMLA leave--but if you only started working there 2 months ago, you are not eligible; or 
3) The employer has a policy allowing call outs from work and you comply with *all* the requirements of the call out: e.g. calling enough ahead of time; staying within any limits on how often or many total times you can call out; etc.
Otherwise, you may be terminated for missing work. Employers are not required to keep employees who miss work except as per the above. The termination is for your behavior--the absences--which is legal, not due to your condition--pregnant--would which not be allowed.


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