Legal Question in Medical Leave in New Jersey

My name is Maritza Fleites

Last 8-12-2010. I received a termination letter from Trinitas Regional Medical Center. They explain that they needed to fill my position and I had exhausted my 12 weeks job guarantee for FMLA I certainly was disable for 5 weeks the first time in May 19,2010 I was diagnosed with pregnant complications of placenta previa, For what I got a prescription with limitations in lifting, pushing, pulling, more than 20 pounds. The answer from my supervisor was verbally this:

� There are not light duties at Trinitas Emergency Room�. He didn�t offers me a solution or talk to me about the possibilities of making any kind of accommodation

After 8 weeks disable, I was extra officially informed that they could fare me if I was more than 12 weeks disable. I was concern about loosing my job and my benefits, for this reason I ask to a Mid-wife (not to my Dr, because he was out of the state) to give me a prescription to come to work at normal duties. I came back on July 16,2010 and I work, "at normal duties� until July 26 in where I was sent home by the nurse in charge because I wasn�t filling god The following morning I saw my Dr, gynecologist, who diagnosed: Risk of premature delivering. He gave me another restriction paper that was refused again by my super. He said that the only way for me to come back to work would be by bringing a letter from my DR saying, that I was able to lift more than 20 pounds, of course my Doctor didn�t. As consequence 3 weeks after I received a termination letter

My supervisor never gave me an option at the to help me to keep my job; I even ask him if there was something they could do to find me another spot in order to keep me working. He said he didn't know anything about. They just push me against the wall, or normal duties or you stay home. I know they could easily find me a proper accommodation at the ER, but they just ignored that possibility. I�m forty years old, my pregnancy is considered as a high risk from the first month, this is a very expected child. What I was supposed to do? Can they just terminate someone like this without doing anything at all to find a solution?


Asked on 9/03/10, 10:19 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Perhaps you may have a claim for violation of the Pregnancy Act. Contact me or any other employment law attorney on this website. Best wishes.

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Answered on 9/11/10, 10:47 am


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