Question about working while pregnant

I worked for a large telcom company in a *technical area*for over 3 and 1/2
years ( a desk job), and due to the slow economy, was laid off. Becuase my
company had a union contract, I was able to be moved into a lower paying
technical job in the same company after that layoff, with return rights to
my original job (nothing will open up, since they downsized, all positions
will be full for a very long time)...I had been at the 2nd job for *2 weeks*
when they did away with that position completely! So in 2 more months I was
jobless again-- BUT this time, I had an opporunity to move from the
technical side to sales. If I took this position, it paid a lot more but I
would lose all return rights if I did not perform (meet the sales training
and heavy quotas). That was a bad move, as it was ROUGH- the worst job and
environment and the most impossible sales quotas, plus I was getting sick
from my unknown pregnancy! Needless to say that area of the co. has a large
turnover, and tons of stress. So it came that I was out of work. This
company was a long commute from home so I decided to look for work closer to
home. Then I found out on the last day of working there *after* I knew I was
leaving that I'm pregnant. I am now in about the 13th week (I have lost
track! It's been a blur.) Most of you probably knew this but I was retelling
it to get to my question....I have had awful morning sickness and put off a
job search, and I still have bad days as far as sickness but otherwise, I
really want and need to work. I didn't want to stop working until I went on
leave actually.

I know my rights as far as if I was still at the same company but I am
afraid of going to a new company, being already pregnant (in the U.S.,
btw)... you aren't covered by FMLA if you haven't been with a company for a
year; A lot of companies including my old one, have similar time
requirements before you can take leave. (At my company you had to be there
for 6 months). I know employers can't discriminate if you are pregnant but
they also aren't required to give a pregnant woman leave if it's not
available to all employees with similar service, right? I am not showing yet
so they can't know I am pregnant on interviews ....but what happens if I
find a good job, as far as my pregnancy? I don't want any special benefits,
all I am worried about is being excused to take a reasonable *unpaid* leave,
and not losing my job because of my pregnancy...does anyone know? I am due
in May- has anyone ever started a new job after they were pregnant?

I can work part time etc but I won't because I make more on unemployment
insurance from my original job (because I was a technically trained
employee, they did not fault me for not performing in a sales environment,
so they allow me to receive my same unemployment benefits as if I had never
tried sales). If I got the opportunity to take a technical telco job near my
house, I really want and need to take it. It is too tight for comfort with
one income since we are young and therefore have to have a mortgage, car
payment etc. (We had to have the bills if we wanted to be able to get a car
etc- I myself still drive my 10 year old paid off Honda..we had to buy one
car though)...

Does it depend on the company, or can I go anywhere and know that they can't
fire me if I can perform the job, just because I will have to take leave
obviously closer to my due date? I have to put in job applications in order
to receive unemployment and I can't really turn down a job and keep drawing
if it's an equivalent job- we need the m
oney trust me. Jill

Jill wrote:
I know my rights as far as if I was still at the same company but I am
afraid of going to a new company, being already pregnant (in the U.S.,
btw)... you aren't covered by FMLA if you haven't been with a company
for a year; A lot of companies including my old one, have similar time
requirements before you can take leave. (At my company you had to be
there for 6 months). I know employers can't discriminate if you are
pregnant but they also aren't required to give a pregnant woman leave
if it's not available to all employees with similar service, right? I
am not showing yet so they can't know I am pregnant on interviews
....but what happens if I find a good job, as far as my pregnancy? I
don't want any special benefits, all I am worried about is being
excused to take a reasonable *unpaid* leave, and not losing my job
because of my pregnancy...does anyone know? I am due in May- has
anyone ever started a new job after they were pregnant?

It's been a while, but if I remember correctly, unless a company is very
very small, they have to give you disability time. Which is two weeks
before birth and six weeks after. It's not an FMLA issue, it's a disability
one now. Having worked some pretty craptastic jobs, most didn't pay any
benefits, and disability pay was determined by wages from the previous year
done in three month increments.

Let me look for a moment to find the specifics

Laurel

SuperEeyore wrote:
Let me look for a moment to find the specifics

Okay...

Federal law says employers of 15 or more employees are required where as
California it's five employees. Basically they can't discriminate the
temporary disability, as compaired to someone else's different temporary
disability.

Which state are you in? There might be state level laws that may help too.

Laurel

"SuperEeyore" wrote
It's been a while, but if I remember correctly, unless a company is very
very small, they have to give you disability time. Which is two weeks
before birth and six weeks after. It's not an FMLA issue, it's a
disability
one now.

That's what I am hoping- I wouldn't bother to take a job if I thought I
couldn't keep it through no fault of my own. I don't expect to receive any
paid benefits, just need excused time off so they won't fire me for not
being at work while in labor/recovery. It's so hard to find a job now , that
if a good opportunity came up, I would definitely want to take it. If I
don't get called back that's ok - if I can draw unemployment insurance until
a few weeks after I'm due, because I didn't apply for them until recently
due to the fact that I was *not* able to go on interviews while morning
sickness was so bad etc. If I don't get interviews before I am showing, I
KNOW they'll never hire me when they see me of course. I can afford to stay
home a while but it is so tight, I MUCH prefer also adding to my own 401k
etc....I am kind of waiting to see if I get a chance to go back to work,
otherwise I will step up the job hunt after I recover. I do need to take a
job close to home while I can, they are hard to get...jobs are more
plentiful if you 1-can sell, and 2-are willing to commute 1 hr 15 minutes
each way...I'd like to stay in telecommunications, but have decided if I
don't find work before I have the baby I am going back to school for a 2
year degree in a medical technology field...that's about all the good jobs
that are close to home, medical and a few large companies.

I am in NC...

"SuperEeyore" wrote in message
...
SuperEeyore wrote:
Let me look for a moment to find the specifics

Okay...

Federal law says employers of 15 or more employees are required where as
California it's five employees. Basically they can't discriminate the
temporary disability, as compaired to someone else's different temporary
disability.

Which state are you in? There might be state level laws that may help
too.

Laurel

Jill wrote:
I am in NC...

HAHA! Not laughing at you, I'm laughing at the insanity of the NC state web
page. Why you all have a section of laws called "*******y" is beyond me,
lol.

Okay, let me look some more....

From the looks of what I've seen, it looks like NC follows the same
guidelines of the Federal Disability act, which states business of 15+
employees have to follow the rules.

Laurel

"SuperEeyore" wrote Why you all have a section
of laws called "*******y" is beyond me,
lol.

We do? Now I've got to go look!

Jill wrote:
"SuperEeyore" wrote Why you all have a
section of laws called "*******y" is beyond me,
lol.

We do? Now I've got to go look!

Yep, I was searching the statutes for pregnant and pregnancy and one of them
came back with that section!

http://www.ncga.state.nc.us/statutes...hapter_49.html

Laurel