Let me give you a scenario; In Nebraska, a young mother who has opted NOT to receive State benefits takes a job in October of 2007. Shortly after taking the job, she discovers she is pregnant again. She works diligently, does not miss any days; however, she is late a couple of times. This woman covers for employees who do miss work, and takes every shift she can get to increase her income. The young lady is lauded for her hard work, and dedication to the company. Her direct supervisor begins to count on her when others miss work. Fast forward to May 2008. On Mother’s Day, a little boy is born and there is cause for celebration. The young woman misses her first day of work the day after her son is born.

Because this is Nebraska, employers are not obligated to offer paid medical leave. In fact, unless a woman has been on the job over a year, the company need not offer medical leave at all. Hence, any day missed as a result of Childbirth, is an unexcused absence. This information comes from OSHA, Nebraska Dept. of Labor, and Attorneys. Having no other choice, the Young woman returns to work 6 days after giving birth. She has no doctor release, however (who would have considered this?) she also has no note saying she should NOT go back to work. Remember, the Company is pressuring her to return to work or lose her job. Within the next 6 weeks, she experiences extreme pain and is taken to the emergency room 3 times. She still does not miss any work. By June 27, her infant son is admitted to the hospital being severely underweight. She takes a Doctors note into work verifying her child is in the hospital, and she is fired.

Is this legal? Yes, indeed it is. It is legal because Women and unborn children are still considered dispensable by American Business. Is it common? In Nebraska and other states it is. In fact, the Department of Labor has basically made the FMLA a moot point. According to the wage and hour division of the US Department of labor:

“These pages compare the provisions of the Federal Family and Medical Leave Act (FMLA) with similar statutes that have been enacted by 11 states (California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin) and the District of Columbia. Unless noted, the comparison only reflects the statutes that have been enacted by the states, not regulations that may have been enacted by the responsible state agency. For example, the Federal Act and a state statute may use an identical term like “serious health condition,” but DOL and the state agency may define that term somewhat differently in their regulations. In preparing the tables for each state (as discussed below), however, we only have compared the key provisions of the Federal FMLA with each State’s statutory provisions.”

What does that all mean? It means that each State can individually make up their own interpretation of the Federal FMLA act and the Department of Labor will NOT force Companies to adhere to FMLA. It means that only 11 States have enacted laws to “protect” women and unborn children, but even those states may rewrite their own bylaws to FMLA. Those States also protect themselves by stipulating that a woman must be on the job for 12 Months before she is covered under FMLA. As for the other States, there is NO protection for Women and it is perfectly legal to fire a woman, in essence, for giving birth, and recovery from said birth.

While I think it is important to protect businesses in a world of frivolous law suits, I also believe we, as Americans should hold business accountable for actions that affect the health and well being of our pregnant women and unborn children.

The Nation pays out Billions of dollars to ensure that welfare recipients obtain employment, but spend nothing to ensure that once they find that employment they will be guaranteed benefits which will continue to allow them to work if they give birth. In fact, the State is making it necessary for more women to have to obtain welfare. Why? Because the State bends to the demands of Big business, who, we have established, has no concern for women in general.

Back to our Young Mother in Nebraska; she is now unemployed, suffering medical maladies, has a child in the hospital, and may end up in one herself soon. This is the thanks she gets for opting not to rely on Welfare and to work hard and achieve the American dream. Some dream, more like a nightmare.

People need to become aware of what is and is not covered under the law to protect Women, and ultimately, unborn children. What is happening now is that the States are forcing women to take jobs in Big Business, which in turn punishes women for giving birth, and sends them back to the welfare rolls.

We’ve learned that Big Business is helping the State, and the State is helping Big Business, and laws are, in fact, created and enforced to ensure this partnership. It is an ugly circle, and it is the Nations Families, Women and Children who are suffering.