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Pregnancy & Job Interview

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Filed: Timeline
She's not quitting after five months, right? Just taking a leave and getting back to work? That's something employers have to accomodate, just as if she took the job and then got pregnant.

It's not self-centered to take a job knowing that you'll be taking unpaid leave in six months and then getting back to work. If the company assumes that because you're pregnant, you're quitting, they need to wake up and get with the program, because most American households are two-income households, and most families have children.

That is all well and good for big companies, but what about small businesses?

Take my father's business, for example. He's been in business since the early 1970s in an industry that fluctuates wildly with the economy and real estate booms. Since he has so few employees (four, including him) he's not subject to a lot of the anti-discrimination legislation in the USA because of exemptions for small businesses. If he hired a pregnant woman who went on leave a few months later, it would affect him to the point where he may have to drop the employee health plan he provides (which he is not obligated to provide)...it might even cause him to have to fire someone else to claw back the money, and it would definitely make a hell of a lot more work for him, which when we were growing up would have taken time away from his own family.

Now, tell me...how is THAT fair? Let's be realistic...most businesses in America are small businesses and that's where most jobs are created. Microsoft could take a problem like this and not even blink, but a business like my father's would be VERY negatively affected. This is why I think even attempting to get another job when you are leaving in five months is beyond selfish.

24 June 2007: Leaving day/flying to Dallas-Fort Worth

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Filed: AOS (apr) Country: Brazil
Timeline
She's not quitting after five months, right? Just taking a leave and getting back to work? That's something employers have to accomodate, just as if she took the job and then got pregnant.

It's not self-centered to take a job knowing that you'll be taking unpaid leave in six months and then getting back to work. If the company assumes that because you're pregnant, you're quitting, they need to wake up and get with the program, because most American households are two-income households, and most families have children.

Don't most companies require that you work there for like a year before you can get paid maternity leave? So wouldn't she in effect have to quit?

I dunno.

What I do know is that my opinion on this would be based totally on what type of company this is and whether the OP has a job now. If she has a job now, she should stick with it, but we all need to work. So if she needs a job, she should get one at a place that won't need to do a terrible lot of training and won't suffer much when she leaves.

I took a job and found out I'm leaving it at the end of July. I still haven't told them, but I feel awful because the job takes about 3 more months (from now) of training. At the same time, I need to do what I need to do to make my own life work, and the company I work for is a gigantic corporation. So it's tough.

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Short unpaid leave is mandatory, isn't it? Not that someone has to take it, but you're allowed some time off to take care of a newborn.

Small businesses are exempt from most of those laws, homesick_american. He's allowed to ask if she's pregnant or more diplomatically, expects that anything will prevent her from doing her job. He can refuse to hire all women on the grounds they might get pregnant.

Five months is a long time. We also don't know that her job takes a ton of training; and that training isn't wasted if she comes back after maternity leave! But in any case, I think it's sort of ridiculous to say 'Nearly half a year from now, you'll need two weeks off, so therefore you must not accept or seek employment.'

Surely the company manages to deal with extended illness or employee vacations. (And if it doesn't, chances are it's small enough that it is exempt from a lot of the regulations.)

AOS

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Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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Filed: Timeline
Short unpaid leave is mandatory, isn't it? Not that someone has to take it, but you're allowed some time off to take care of a newborn.

Yes, you are entitled to up to three months of unpaid leave in the United States.

Small businesses are exempt from most of those laws, homesick_american. He's allowed to ask if she's pregnant or more diplomatically, expects that anything will prevent her from doing her job. He can refuse to hire all women on the grounds they might get pregnant.

Sadly, that is precisely what he does; he hasn't hired a woman since the 1980s. I used to think he was a sexist pig, but now that I'm older I can sort of see his point. Unfortunately women experience discrimination in the workplace mainly due to childbearing. :(

Five months is a long time. We also don't know that her job takes a ton of training; and that training isn't wasted if she comes back after maternity leave! But in any case, I think it's sort of ridiculous to say 'Nearly half a year from now, you'll need two weeks off, so therefore you must not accept or seek employment.'

Two weeks is the statutory minimum in Texas, i.e. you cannot legally return to work (on paper, anyway) less than two weeks after giving birth. Most women take longer, especially since many daycares won't accept infants younger than 12 weeks old anyway.

Surely the company manages to deal with extended illness or employee vacations. (And if it doesn't, chances are it's small enough that it is exempt from a lot of the regulations.)

What, my dad's company? It's not an issue. Three out of four of the employees are my father, his brother, and his brother's son. The other guy has been with them for about 10 years and hasn't missed a day since then, except when his kids were born. He took a few days off for each birth. That's it. My dad and his brother take vacations whenever they want and they don't have a set number of days...as the owners of the company they don't play that game. They take 10-15 days a year in reality, though. The other employees get 15 days a year, but nobody ever goes on vacation at the same time for obvious reasons. :whistle:

Edited by homesick_american

24 June 2007: Leaving day/flying to Dallas-Fort Worth

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Filed: Timeline

Wow, thanks for all of the replies. My friends and I were debating about the issue, so I thought I might create a post to see what others would do.

At this point, I am working in the banking industry. No, I don't have an interview lined up, but it would basically be similar job, different company. So my job duties wouldn't be any different from what I am doing now.

I have not officially decided to change jobs yet, but I am looking into it. Bringing my spouse here is financially draining because I work full-time and I go to school full-time, so if I could take a job with better pay, then why not?

As far as Maternity Leave, I plan to use vacation/sick days and possibly unpaid time off (discussed with potential employer) to cover my absence. If things go well, I have full intentions of returning to work without the unpaid time off. If my hubby is here he can be a house daddy (for a while) otherwise I have in-home child care available.

So the biggest thing is the interview, and getting the position. When the time comes I will keep everyone posted to see what the results are. I just wanted to get some opinions before I reach that point.

Thanks for all the responses and if you have more, keep em comin.

~MissJones

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Filed: Country: Morocco
Timeline

alex brought up a good point i'm surprised no one has said before...

i don't know the laws but what makes you think you'd even be entitled to maternity leave after only 5 months? or even at all? are ALL companies required to have it?

i would look into that before i applied somewhere else. if i were you, i'd stay where you were at (obviously not knowing all the details of why you want to change, etc)

also i think its wrong not to tell them...but...i definitely don't think you'd get the job if you mentioned it in the interview. good luck with your decision!

"It's far better to be alone than wish you were." - Ann Landers

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Filed: Timeline
Wow, thanks for all of the replies. My friends and I were debating about the issue, so I thought I might create a post to see what others would do.

At this point, I am working in the banking industry. No, I don't have an interview lined up, but it would basically be similar job, different company. So my job duties wouldn't be any different from what I am doing now.

I have not officially decided to change jobs yet, but I am looking into it. Bringing my spouse here is financially draining because I work full-time and I go to school full-time, so if I could take a job with better pay, then why not?

As far as Maternity Leave, I plan to use vacation/sick days and possibly unpaid time off (discussed with potential employer) to cover my absence. If things go well, I have full intentions of returning to work without the unpaid time off. If my hubby is here he can be a house daddy (for a while) otherwise I have in-home child care available.

So the biggest thing is the interview, and getting the position. When the time comes I will keep everyone posted to see what the results are. I just wanted to get some opinions before I reach that point.

Thanks for all the responses and if you have more, keep em comin.

~MissJones

If I were you I'd just stay in the job I'm in right now.

24 June 2007: Leaving day/flying to Dallas-Fort Worth

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Yeah, that's one thing to consider; if your old job has better benefits and can give you *paid* time off, then you might want to stay there. Plus, your life is going to have enough complications as it is with him moving here, and the new baby. A hard time to add a job switch on top of that.

But you're planning on returning to work, and you have a stay-at-home parent ready to take care of the baby when you're ready to return. We wouldn't expect that a man would quit when his stay-at-home wife had a baby!

As far as telling them, if you have the interview tomorrow, you're early enough along that you can say 'we weren't tempting fate by telling anyone until 16 weeks, and you are one of the first to know' when you get hired and have started working. The longer you wait, the longer it's going to be a non-issue because you'll be showing.

AOS

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Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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Filed: Timeline
Short unpaid leave is mandatory, isn't it? Not that someone has to take it, but you're allowed some time off to take care of a newborn.
Yes, you are entitled to up to three months of unpaid leave in the United States.

Only if your employer falls within the scope of the FMLA.

Any company with 50 employees or less doesn't.

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Filed: Other Country: Israel
Timeline

The last time I checked, there were only 5 states that did not have "at will" employment laws. That means, an employer may fire you for any reason or no reason. They do not have to explain why and their decision will not be held against them unless you can prove that they fired you as a protected class member, which is very hard and arduous to do. Telling, not telling, it makes no difference. Employers do as they please because they know that they are unlikely to be called on for their actions.

Short unpaid leave is mandatory, isn't it? Not that someone has to take it, but you're allowed some time off to take care of a newborn.
Yes, you are entitled to up to three months of unpaid leave in the United States.

Only if your employer falls within the scope of the FMLA.

Any company with 50 employees or less doesn't.

From what I understand, you must be employed with that employer for a year before Family Leave is applicable.

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Filed: AOS (apr) Country: Japan
Timeline
Just my opinion, I would tell them as a courtesy. If they are interested in you then it should not be an issue. In the long run they will see that you are upfront and level with them, a quality that is rare in people. If they dont hire you (for some unknown reason) then maybe you are better off looking for something else anyway.

Yea, thats what I was thinking, because I am that type of person. But some of my friends are like NOOOOOOOOO!!!!!! Of course I will do what I want, but as I stated before, I am curious to see what others would do. Thanks.

I would tell them too. If you are honest with them, they will take pregnancy into consideration. I am 7 month pregnant myself and started working for a company when I was in 6 months. Since they know I am pregnant (and it is obvious) I feel very comfortable working for the company. Good luck, and if they turn you down because of your pregnancy, the job isn't meant for you. You will find a better opportunity.

-----AOS-----

Sent to Chicago : 07/10/06

NOA arrived : 07/14/06

Biometrics : 08/04/06

Interview : 10/19/06 - Approved, name check has been cleared

Another Biometrics Notice Arrived (what is this?!) : 10/23/06

Fingerprint appointment : 10/31/06 - I went there anyway and they told me it was simply their mistake to send me another one

Infopass : 11/20/06 - They couldn't find my biometric record in their system

Biometrics Appointment : 12/08/06 - Hopefully they will start my green card production!

Recived an email update - Card ordered : 12/13/06

Card received : 12/21/06 YEAY!!!

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Filed: Timeline
Short unpaid leave is mandatory, isn't it? Not that someone has to take it, but you're allowed some time off to take care of a newborn.
Yes, you are entitled to up to three months of unpaid leave in the United States.
Only if your employer falls within the scope of the FMLA.

Any company with 50 employees or less doesn't.

From what I understand, you must be employed with that employer for a year before Family Leave is applicable.

That is correct. Even if one works for a company that is subject to the FMLA, one has to be employed for 12 months for the company to be required to grant FMLA benefits.

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Filed: Citizen (pnd) Country: Romania
Timeline

i wouldnt tell...id tell them when id be in like 5-6 months....if youre 3 months pregnant right now you can tell them you didnt know.....

09/13/05 : AOS papers sent to Chicago

10/05/05 : checks cashed

10/05/05 : NOA 1 in the mail yehawwww !!!!!

11/29/05 : AP approoooooved !!!!!

03/06/06 : biometrics appointment

03/07/06 : touched

01/03/07 : interview letter in the mail

02/26/07 : interview finalllllllllllllyyyyyyyyyyyyy!!!!!!!!!!

AAAPPPRRROOOVVVEEEDDD !!!!!!!!!!! STAMP IN THE PASSPORT !!!!

03/06/2007: RECEIVED GREENCARD !!! NO MISTAKES !!!!!

01/27/09 : I-751 package mailed to Vermont

02/05/09 : check cashed

02/09/09 : NOA received

02/21/09 : biometrics letter received

03/07/09 : biometrics appointment

03/09/09 : touched

03/10/09 : touched

06/16/09 : APROVVVVVEEEEEEEED!!!!!!!! letter from USCIS received

06/30/09 : Greencard received!!! NO MISTAKES!!!

04/12/2010 : N-400 package sent...fingers crossed for a fast approval.....

06/07/2010 : Biometrics in Orlando

08/09/2010: Citizenship interview - PASSED!!!!

08/13/2010 : OATH Ceremony - Finally a US citizen and DONE with USCIS!!!!

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Filed: K-1 Visa Country: Vietnam
Timeline

I wouldn't tell them. Yes, legally they cannot deny you employment if your are pregnant, but as others have noted, they will pin point it to some other reason if push comes to shove if you pull the "discrimination" card.

You have to put yourself in the employers position. They have to spend money to train you in your new position and duties. A company is going to make the decision based on what's best for the company. Hiring someone that is pregnant, spending money to train them, and them having them leave for maternity before getting fully acculumated is not a money wise decision.

I hope you do get hired, but keep in mind every law has it's loop hole. They literally have to tell you we can't hire you because you are pregnant in order for it to be discrimination. Otherwise, it willt he orbitrary, you don't meet our qualifications response or we have found someone more qualified.

Good luck.

K1 Time Line

Don and Linh

October 22, 2006 - Sent I-129F

November 2, 2006 - NOA1

January 30, 2007 - NOA2

February 8, 2007 - Arrives at NVC

February 12, 2007 - Arrives at Consultate in HCMC

February 28, 2007 - Consulate sends out Packet 3

March 8, 2007 - Packet 3 recieved

May 11, 2007 - Packet 3 recieved by Consulate

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