Air Travel During pregnancy

[anitaprv123]

Hi All

I have a question.

I am in fix.

I am working on L1 and Recently due to loss of job my husband converted to my Dependant (L2). I am 4+ months pregnant now. My doctor is saying I am medically unfit to air travel due to some complications. But, my company/project manager insisting on me to go back to India as project cannot afford 1 month maternity leave. In such case what we can do?

[knowledgeable]

Doctor's note/letter to the company ...

... and if required to DOL.

[txh1b]

It is illegal to terminate a person due to pregnancy and FLMA leave has to be approved if the project can take it or not. Your manager needs some education on the laws.

[immihelp]

Your manager can not force you to travel if you are medically unable to. Your manager can not force you abort the child either.

By the way, FMLA leave is not applicable if your company has less than 50 employees.

[anitaprv123]

Hi All,

Thank you for your replies, they somewhat relaxed me.
Yes FMLA Leave is applicable and I am from top CMM level company.

Every day, my manager gives different excuses. First day he said, you are eligible for medical benefits, second day he said, we can not afford one month leave, third day he said, let me talk to our management. I am under a lot of depression as we have a car loan which was bought in last month, loss of job of my husband and I am pregnant after 6 years of marriage due to some medical issues.

I will try to see if doctor could help or I have to give up everything.

[txh1b]

Talk to the HR not the manager. If needed, talk to a labor law attorney.

[immihelp]

txh1b is absolutely right. You need to talk to the HR people about your issues and NOT to your manager. If HR/Legal etc. agree, there is nothing your manager can do.

Your manager (mostly technical or managerial people) is really interested in getting the project done, but HR people would be more aware of the legal aspects of such things.

[ruchi417]

hi

and i feel if they force you to do either of it,,, go to the court eith the doctors notice

[anitaprv123]

Hi Ruchi

Thank you for being supportive.

But, I can not think of court as I am working with this company since 4 years, it might make my record bad on employment history. But doctor's notice would be an only option to survive. Rest is destiny.

[txh1b]

But, I can not think of court as I am working with this company since 4 years, it might make my record bad on employment history. But doctor's notice would be an only option to survive. Rest is destiny.

There is no room for blaming it on destiny. No matter how long you work for the employer, if you don't stand up for your rights, you will be taken advantage of. Think of it this way, Your loyalty for 4 years for an employer doesn't even let you earn what you are legally qualified to get as per the laws of this country. Is this how an employer is supposed to treat its employees? It is a two way street. If they value you, you value them. If not, heck with them. Their bottom line is projects, money, billing. So, should be yours as a result of their action.

You have to believe in your rights first and think you are valuable, ask for it politely, demand them next. If none of it results, contact state department of labor and then evaluate the court option.

You suing your employer does not blemish your employment record by any means.

[anitaprv123]

My guess "txh1b" and "ruchi" is right. I will give it a shot.

[anitaprv123]

Guess what.

I had reported my manager about 6 weeks(1.5 months) leave after consulting my doctor.
BUT my manager somehow successfully able to convince our client, company management and HR that I would need 3 or more months as a recovery period as I have some complications. (manager took advantage of what I had told about my medical conditions) Now, he is convincing me that "neither client is agree nor company and HR agree for your leave as project is already delayed so, there is no point producing doctor's note and being unwanted resource."

Also, process of replacement resource is initiated and that person is expected on site any time soon.

I would like to thank you all of you for your support.

[txh1b]

Tell your manager that you will talk to an attorney and get back. Go talk to a labor law attorney. The laws are not being followed. You cannot be terminated for being pregnant. Call the Statw DOL and talk, they can tell you your future steps.

[jinneebhat]

Guess what.

I had reported my manager about 6 weeks(1.5 months) leave after consulting my doctor.
BUT my manager somehow successfully able to convince our client, company management and HR that I would need 3 or more months as a recovery period as I have some complications. (manager took advantage of what I had told about my medical conditions) Now, he is convincing me that "neither client is agree nor company and HR agree for your leave as project is already delayed so, there is no point producing doctor's note and being unwanted resource."

Also, process of replacement resource is initiated and that person is expected on site any time soon.

I would like to thank you all of you for your support.

In such cases, HR should be contacted. If you have a valid certificate from the doc that you cant travel, HR should consider your case. Is it a billion $ plus company?

[anitaprv123]

Yes it is a top MNC. I have already forwarded scanned copy of doctor's note to everyone.