Pregnant due in 4 weeks FMLA they permanently replace me and gave me severance.?

I am due in 4 weeks. My company going to hire a temp employee while I was out on maternity leave. Yesterday I found out another employee lost his position in the company a few weeks ago (which they rehired for) is stepping in permanently and taking most of my job over. I was offered a severance package which gives my separation date in the middle of my short term disability 3 weeks after I deliver. Can they squeeze me out like that and can it reformatting positions?

Update:

Of course I know that I'm eligible for FMLA or I wouldn't have asked the question to begin with. FMLA is 12 weeks. STD is my paid 6 weeks. 3 weeks into my STD is my severance date which is 9 weeks before the end of my FMLA date.

Reformatting meaning the person taking over for me is making their FULL time job our of only PART of my job duties, the rest of my duties are being disbursed.

2 Answers

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  • 9 years ago

    I don't know what you mean by "reformatting" a position means?

    Do you mean reorganizing a position?

    Are you even eligible for FMLA? Your main question mentions FMLA but the details you mention STD? If you aren't eligible for FMLA they can do anything they want.

    If you are eligible for FMLA, as long as the change is not related to your medical condition / pregnancy / childbirth and would have happened anyway, the company can probably get away with it. Without knowing all the details, there is no way to provide you a reliable answer.

    Add'l Info: Yes, your job is being eliminated. It's 100% completely ok to do this while you are FMLA. STD does not provide any job protection that is why you have to be clearer in your questions. Additionally, the term is "reorganizing"

    Source(s): HR Executive for Fortune 500 companies.
  • 9 years ago

    This certainly reeks of pregnancy discrimination. They cannot fire you for being pregnant and offering you a severance package certainly sounds as if they are letting you go. You should immediately consult a pregnancy discrimination lawyer and severance attorney before taking any additional action.

    Most attorneys who practice in these areas will provide you with a free consultation. I've linked you to a few websites to begin your search below.

    Good luck.

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