Getting Fired Because Baby Was Sick

Updated on August 07, 2010
K. asks from San Antonio, TX
8 answers

Hello, I have been at my job for almost 2 years. I enjoy my job and most of the people I work with. My daughter was born Jan of last year. I took one week off after she was born and then started working from home. I returned to work full time within 3 weeks. Mainly because I was pressured into returning. At that time I did not qualify for FMLA so I didnt want to risk it..So here is my situation. My daughter had a horrible stomach virus a few weeks ago. We spent a day in the ER for her to get fluids..It was a nighmare. Then 2 weeks after that she got the flu and ear infections!
I had to stay home with her both times since my husband just started a new job and would not be able to take the time off. Plus I had some sick time and vacation that I used.Also we moved here a little over 2 years ago and do not have any family here that could care for here while she was sick.Now my boss is threatning to fire me because of my absence.He brought up my pregnancy time as an absence too. Which I thought was totally unfair. It wasnt like I called in sick I had a baby! And I had a c-section! Other than me missing those 2 weeks he cannot complain about my job performance or my attendence. He is very happy with what I do here. My question is should I just look for another job? I feel that I have no job security now because if something comes up again and I cant come to work I am definitly out of here..What do you all think? Also keep in mind when I called in sick the office manager told me not to worry about anything and to stay home and take care of her..So that made me think everything was ok until I came into the office on Monday. Any advice or thoughts are appreciated!

What can I do next?

  • Add your own comment
  • Ask your own question
  • Join the Mamapedia community
  • as inappropriate
  • this with your friends

Featured Answers



answers from Corpus Christi on

Ya know I once had a job like that. My boss was going to fire me when I told her I was pregnant because I had to take time off to have the baby. She didn't offer maternity leave. So a short time after she told me that I found another much better higher paying job that was family friendly. I was only at that job for 5 months and they gave me 10 weeks off after I had my son. I was only going to take 6 weeks and they gave me 10. They also gave me absolutely no problem anytime he was sick and I needed to take off. So in my opinion, family is more important than any job. There are other good jobs out there.

More Answers



answers from Corpus Christi on

I hate to be the bearer of bad news here....

First of all let me start by saying, no, in my opinion, he should not be doing this to you. That aside...

1. You DO have to qualify for FMLA. You have to have been employed with them for 12 months and have worked at least 1250 hours during that time.

2. If you do not qualify at the time of the birth of your child, YES, the time can and in most cases will be counted in your absenteeism limit. Most companies use a revolving 12 month cycle when they look at absenteeism.

3. Sick time is a BENEFIT that does not have to be offered by any company. You are lucky that they let you use it when it was your child that was sick not you. If you use more than they give you, is is considered excessive. And it looks like you did since you dipped into your vacation time. I don't know you didn't say for sure.

4. The office manager is not your boss. She can say what she wants to you but it means nothing unless it came from him to begin with.

All that aside, as an HR Director, I would never treat an employee this way. Especially if these were the only instances she had of missing work since she came to work for me. You never said just how many days you missed due to the flu and ear infections. If you are a valued employee, he will just let it go. If you feel uncomfortable working there, like this is hanging over your head, I would start looking for another job. I am sorry you are being treated this way, but it is not illegal.



answers from San Antonio on

that is rediculas, do you know anyone who is a lawyer? if you qualify for FMLA then they can not fire you... and since you have been there for over a year you should qualify... might want to do an online search to find out what the qualifications are.

it is sad that you were not allowed to take the time you needed after the baby was born to heal properly.... three weeks after a c section... they are lucky you are there at all.

I hope things work out for you, and will be praying for you.



answers from San Antonio on

get in touch with the texas state labor board about your situation. unfortunatly the Family Leave Act only applies to companies who have over a certian number of employees. so if you are working for a small business they do not have to abide by the act. as for the number of employees, i am not sure, i want to say 50 but don't quote me on that.
get in touch with the state office and see what they advise you to do.
you may also want to contact an attorney, just in case you do get fired over it, you may have some legal rights.
make sure you can prove that you took your daughter to the er, recipt with time, date and your name somewhere on there too.

good luck! hope your little one is feeling better!



answers from El Paso on

Keep a record of everything you can think of and speak to an employment attorney immediately! It sounds illegal what is going on here.



answers from Waco on

I had the same thing happen - however I did get fired!! As long as your baby has been in the hospital they can not legally fire you, unless they want a lawsuit. Now, if your baby has just been to the doctor and you don't have anymore time off, they can fire you - especially if they are an "at will company" (meaning non-union).
Not sure what has happened to you, but if you need more advice please don't hestiate to contact me.



answers from San Antonio on

Oh my goodness!! It sounds like you are totally being manipulated by your boss. What do you do for a living? I have never heard of anyone so heartless. Why did you not qualify for the FMLA? I thought anyone working qualified. You have every right to have taken at least 6 weeks off after the birth of your baby. That is why they made it a law. Especially if you had a c-section. That should qualify you for 2 more weeks. As for calling in when your baby was sick, you are her mother and anyone who cannot see that a baby needs her mother when she is sick, is a heartless pig!! Your family (if you had some here) shouldn't have to take care of her when she is sick. She NEEDS her mommy. That is one of the biggest things wrong with the world today. No one cares about the children. We live in a society where both parents usually have to work and our children are raised by strangers. It doesn't have to be that way. I say you either look for another job or, you really do your homework on the FMLA and take that and your concerns to him and just tell him that although you may love your job and it is very important to you,you have children and they are your first priority--not work. And if he has a problem with that, you can always throw the law in his face. He cannot fire you for missing work because of having a baby or because a child is sick. But, he sounds like a jerk anyway and if he is treating you this way for something like that, I would leave anyway. Do not put up with that and don't let it make you think you are in the wrong because you are totally in the right. Always keep your children first and do NOT let it bother you because you do so. -M.



answers from Seattle on

I hate it when mothers use their kids as an excuse to get out of a day of work, especially the weekends because coincidentally all kids get sick on the weekends. And only the weekends, I'm not saying that is your case just that as a manager I notice there are some employees that take advantage of the excuse instead of using it when they really need it. Keep up the good job moms (who don't take advantage of it).

Next question: Maternity Leave in Texas, Advice Please! EDIT