Legal Question in Medical Leave in Texas

Maternity Leave

I am 34 weeks pregnant and currently working at a pretty bad place. I've been there for 3 years and have been ''used and abused''. I work long hours and I have not been compensated for my efforts. I do not like my workplace or employers, I looked for a new job and got a job offer at the exact same time I found out I was pg. Needless to say, I didn't think it would be wise or fair to accept a new job w/ a baby on the way.

I really do not plan on returning to my current workplace, but I cannot afford to tell them and risk not getting the benefits (insurance & pay). My employer does not have maternity leave, but I am forced to use my vacation and sick days (8 weeks). If I return for a week or so and then turn in my two weeks notice would I be at risk for being sued for medical benefits or paid leave?

Asked on 8/19/08, 9:38 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Maternity Leave

They would be foolish to sue you but may. If you are abused by sexual harassment, why not report to EEOC? If they retaliate, you have a great case...but unless you mean you are abused by having to work case. And long hours imply no overtime..a claim for that is under FLSA..

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Answered on 8/20/08, 7:38 am

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