According to an article at WAGT-TV (03/25/11), the police officer in question, Ruth Hernandez, informed her employer that she could no longer perform her job as a police officer because she was pregnant. As such, she was unable to fulfill her duties until November 2011. The city of Thomson determined that it was unable to hold her position for her and said that because she was only employed by the city for approximately 10 months prior to her separation, the city could not offer her further leave under the Family Medical Leave Act.
An e-mail from the city attorney to WAGT-TV further stated, "The City also explored alternative duty and none was available. The City of Thomson did not take this action lightly and consulted with legal counsel throughout this process before making its decision, ensuring that the organization was in compliance with its policies and all applicable law."
But WAGT-TV states that there was a posted secretary position with the fire department that Hernandez could have taken but was not offered to her. Under federal law, an employer must offer an employee any available position that the employee can perform.
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It is not yet known if Hernandez plans to file a lawsuit to appeal her termination by the city.
"Family and Medical Leave Act." online: http://www.dol.gov/whd/fmla/
"New Statement Clarifies City Position On Firing of Pregnant Police Officer." (March 25, 2011). Online: WAGT. http://www2.wagt.com/news/2011/mar/24/7/mayor-employment-attorney-weigh-pregnant-thomson-p-ar-1624442/