American Big Business: Putting Pregnant Women and Their Fetuses at Risk

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.”