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Is being pregnant my "fault"

by Ashley
(Florida)

I will try to make this as short and sweet as possible.

I am currently employed and pregnant. I will not be covered under FMLA because I will deliver at 11 months of employment.

At the same time, my employer is closing the location I currently work at. 50% will be laid off and the others dispersed to other offices. This will be determined by reapplying to new job postings and getting "hired".

I would like to get laid off so that I have some paid maternity leave. (If I keep my job I may lose it anyway when I need maternity leave that is not owed to me.) Since my job will technically not exist anymore... Will unemployment approve my claim if I chose not to reapply? Keeping in mind that I will have to reapply for a "new" position.

Thanks




Ashley,

I'm a little confused as to how you will get "paid maternity leave" if you're not entitled to FMLA yet .. but I'll put that on the backburner for now. I'm hoping you have asked for and received approval for an "unpaid personal leave" for when you have the baby .. since FMLA is not an option.

I think I'll just focus on the possible consequences of not reapplying for another position as far as UI benefits go.

It depends on
whether there will be a possible job available within a reasonable distance from where you live. It wouldn't make sense to apply for a job that's over 50 miles away .. because the "suitability" isn't there.

If you don't reapply, it is typical for employers to protest UI claims by saying you "refused suitable work". Not that an invitation to apply for another job is a definite offer of work, but it could be enough for the State of Florida to issue an initial determination denying benefits and the "appeal process" in Florida is heavily burdened. The wait time for a hearing is ridiculously long.

If I were you .. I'd take them up on their offer to apply .. if they refuse to hire you .. or if they offer you a job that isn't suitable .. then you have something to work with once you become able and available for work.

In the meantime .. acquaint yourself with pregnancy discrimination just so you know if the employer might be potentially guilty of it and you can find a lawyer who might help you.

Ashley, document everything .. including conversations. Save everything the employer gives you .. including emails and your responses.


The secret to winning unemployment benefits and unemployment hearings is documentation and witnesses which support that you are telling the truth.

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Sep 30, 2010
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maternity leave in Michigan
by: Anonymous

I live in Michigan and here you can "request" a maternity leave(unpaid of course) and if your employer does not dispute it within 2 business days of the reciept of the request then they have to grant iteven if you do not meet the requirements. I am going through the same thing right now with my employerr thankfully they did not dispute it. It covers you when you want to return from leave that if they still have your job available then you are entitled to it or something else comparable. This does cover the FMLA



That would seem to indicate that the State of Michigan has enacted their own law that adds protection for employees either not entitled to FMLA protection due to length of employment or limited because the employer has too few employees to be required to comply with FMLA.

Good to know.

Thanks for the info.

Mar 23, 2010
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Thank-you
by: Ashley

Thank you that does help with whether or not to reapply.
The position will not be the one I currently have I will have to accept and entirely new list of job responsibilities.

As far as the "paid maternity leave" . I meant that to keep my job; I may lose it when I have to leave once I deliver because my company is not obligated to give me any maternity leave.

If I am on unemployment then I would have the opportunity to collect unemployment in those first weeks after delivery and until I can find another job.

I suppose the best thing to do is just to reapply for whatever I can and hope they approve some unpaid leave time. Thanks for the foresight. I don't want to mess with FL UI appeals process.

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