Legal Question in Medical Leave in Indiana

fired after filling out fmla forms

my daughter-in-law was just fired today. She is 2 months pregnant and has missed some work recently b/c of the pregnancy. She was advised by her employer to fill out fmla papers b/c of her missing these days. She did and turned them in. She has not heard back from the fmla request. She had plenty of PTO time that could be used, but apparently the employer has a policy that after so many days off they can fire you. Is this legal? (She also had already miscarried once). How can you be terminated when there is time that can be used to take off?


Asked on 3/11/09, 3:57 pm

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: fired after filling out fmla forms

If you daugher-in-law's absences were directly related to her pregnancy, then it is likely that those absences could not be held against her. To qualify under the FMLA, she will have had to work for the employer for more than a year and the employer must have 50 or more employees working within 75 miles of the location where she works. If you need more information, please feel free to contact me at [email protected] or the number in my profile.

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Answered on 3/11/09, 8:36 pm


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