I think I got fired...is this right????

[princess jackie]

First of all I have to say that I am 19 weeks pregnant. This is my 3rd child and I have a history of...not so normal pregnancies. My first, I actually had nice stomach muscles back then so she got pushed so far twords my back she crushed my kidney. I was in and out of the hospital with bad kidney infections. However, I was able to work up until the day I had her. My second, well we really don't know what was wrong with him but I spotted a lot with him and was ordered on a very early bed rest. Let me tell you, nobody wants to go through that again. Now I'm on my 3rd, I work/worked at a retirement home as a dietary aide. I work a total of 5 different types of jobs on any given night. I was having a problem with only 1 of the jobs that has a lot of bending while lifting. I would cramp really bad everytime I was on the one job. I talked to my doctor about it and she agreed that I shouldn't be scheduled on that job. She was willing to write a doctors excuse for me but I thought I would talk to my supervisors fisrt to see if they could just schedule me on the other 4 jobs that I know.

I thought everything was fine after that because almost a whole month went by without me being scheduled on that one job. One day my supervisors came up to me and said that I needed a doctors excuse. I told her that I would get one to her as soon as possible. When I talked to my doctor she wrote out the excuse to say "No exsesive bending while lifting". I turned in that excuse and didn't here anything for about another 2 weeks. All the while never once being scheduled on the job that was causing me problems.

So 2 weeks after that my supervisor aproaches me again and says that the doctors excuse was not specific enough. I asked her what she was looking for the doctors excuse to say. She said that she couldn't tell me or my doctor what to write. I was also told at this time that I needed to speak with the HR director. So I went to his office and he then told me that I was unethical to ask my supervisors not to schedule me on a certain job and that they can no longer do that because it shows favoritism. I told him that I would bring in another excuse then.

My doctor by this point is not very happy that she has had to write out 1 and now soon to be 2 doctors excuses for the same issue. She also didn't know what the retirement home was looking for so she wrote "No bending or twisting while lifting". Once again I turned in this excuse and was told to go directly to the HR director with it. When I brought it in to him he laughed at it and said that right now sitting in that chair you are in direct violation of you doctors excuse because you are bending. We got into a little spar about the wording of the excuse and I asked him directly what he was looking for. He then told me he thought I was just trying to get out of doing a specific job because I didn't like doing it. Which is not the case at all. After going back and forth with him for a long time I asked what I needed to do today. He told me to go home because there was nothing that I could do without bending or twisting. I told him that I would be back with another doctors excuse.

So here my doctor is again writing out another excuse. This time we thought a weight limit might do the trick and before we set the limit I did some research and had a friend of mine weigh some things at work. We decided that a limit of 35lbs would restrict me from doing the one specific job and not all the others. I turned it in and again everything seemed fine. Until I was told that everything was weighed at less than 35lbs so I was cleared to work all jobs. I was also told that I would have to be scheduled on that one job. I was also told that switching jobs (which happens on a daily basis) would not be allowed.

On the next schedule of course I was scheduled on that job. On Thursday I went in with a plan that I thought would work to help with some of the weight. Well all Thursday night I was awake and cramping bad. On Friday morning I started spotting. I had off the rest of the weekend and I had my ultra sound appointment on Monday. I called my doctor and was told that as long as the cramping and bleeding stopped to just take it easy until Monday.

I went to the appointment on Monday. It's a boy!! And my doctor decided to give the good old doctors excuse one last try. This time she specifically wrote. "Please do not schedule Jackie on this certain job due to cramping and bleeding during pregnancy." You can't get more specific than that. I turned it in on Tuesday and got a call on Wednesday. My supervisor called me and said that I am unable to work until my doctor clears all restrictions due to a policy that states if I can't do all of the job than I can't do any of it. I told her that I didn't have a copy of that policy and would be in in a little bit to pick up a copy. I was then transfered to the HR director who wasn't in his office. I then asked to speak to the Director of Operations. When I was put through to her I asked her for a copy of the policy and was told that I could come pick it up. I went in to pick it up and was told that technically there was no policy just a letter written to me that couldn't be located at that time.

I called back today and talked to the director of operations and she told me that the letter would be at the front desk waiting for me. I asked her about it not being a policy. She said that its just a practice that the company follows and that the letter explains all of this. I went in to pick up the letter and it doesn't say anything more than that its a practice that the company folllows in order to protect the employees.

My question is how can they all of a sudden inforce this? For over a month, when the whole issue started, I was never sheduled on that one job. And why can they say that its not okay for me to work but my friend who was pregnant awhile ago had a restriction for one specific job as well and they let her work up until the day her son was born?

I'm sorry this is so long of post I just felt that the whole story needed to be told. I'm not sure where to go from here. Any ideas, job openings, or advice is greatly appreciated.

 

[EthansMom]

Contact the highest person at the company who knows you and tell them that you will be contacting the Department of Labor if you aren't permitted to do your job.

 

[ireland_nicole]

I am not a sue happy person at all, but I think you need to talk to a lawyer. It sure doesn't sound like they're acting within the law.

 

[des1954]

Have you filed for FMLA yet? Has anyone ever offered to tell you about FMLA? It stands for Family Medical Leave Act. Technically, if you file for FMLA for a legitamate medical condition or a medical condition of a family member, the company cannot terminate your employment because of excessive absenteeism related to the FMLA condition. Pregnancy itself would not qualify for FMLA, but complications with the pregnancy would.

I would be putting a call in to your state's labor department and inquiring as to your rights. If another employee all of a sudden has a back or joint problem that prohibits them from lifting & bending, would they be fired?

Just so you know....FMLA guarantees you a leave of absence without worrying about losing your job. It does not guarantee that you will be paid for the time off. That decision is still up to your employer.

Ask your doctor about FMLA!!!

 

[Ohiodislover]

I work at a long term care facility. We wouldn't let a employee work w/ restrictions that do no allow him/her to fully do the job. If you have been in the job long enough, you can ask for a leave of absence, or FMLA.

In the case of a pregnant female, if they are out for complications of pregnancy we require that they bring a Drs. note allowing full duty.

Same w/ the male who was out for back surgery, BTW.

 

[Ohiodislover]

Just so you know....FMLA guarantees you a leave of absence without worrying about losing your job. It does not guarantee that you will be paid for the time off. That decision is still up to your employer.

Ask your doctor about FMLA!!!

I believe you have to be employed 6 months before eligible for FMLA. Also FMLA does not mean you will be able to return to the exact same position/shift etc. Just an equal one, w/ the equal pay.

And exactly--many employers do not pay during FMLA. You can however use your short term disability though.

 

[chicagodisneyfan]

When I was in HR and an employee had this situation - they had to go on leave. We had no "light duty" which it sounds like what you are asking for - a reduction in the types of work you do.

It is legal to do this is an employee cannot fulfill their duties - an employer does not have to make alternate arrangements.

 

[brittsmum1998]

I am not a sue happy person at all, but I think you need to talk to a lawyer. It sure doesn't sound like they're acting within the law.

This is EXACTLY what I was going to post.

Take it easy and make sure you get rest. Don't let this garbage stress you out

 

[themarquis]

"The primary law prohibiting adverse employment actions against pregnant employees is the federal Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act to recognize discrimination based on pregnancy as a form of sex discrimination. The PDA applies to employers with 15 or more employees and requires covered employers to treat women affected by pregnancy, childbirth, or related medical conditions in the same manner as other applicants or employees with temporary disabilities."

The key here is how does your employer treat people when they have other kinds of temporary disability? Like, if you broke a bone or had a muscle strain or whatever and brought a note, would they exempt you from doing one of the different tasks you do? Historically, have they exempted other employees from stuff like that because of temporary physical problems such as injuries? According to law, your employer must treat you the same way as they would when someone had this type of temporary physical disability.

I agree with some of the others -- talk to HR all the way up the chain and make sure they know that this is a serious legal issue and you want to be allowed to go back to work and do your job. Then, if they don't let you back to work, and you think what has happened falls under the civil rights act as described above, find yourself a lawyer, ASAP!

 

[Disneylover79]

I agree with a PP.... maybe you need to talk to a lawyer..

Also they are not being fair if they did it for your friend but not for you... that is uncalled for....

I wish you the best and please don't quit fighting for you job....

Good luck

 

[minniecarousel]

These things must vary by state. At the school where I work, we have custodians who get put on "light" duty when they have a minor injury. It seems to me, that just because you can't perform every duty of your job, that they could allow you to work at some of the other aspects of it.

I'd persue this with your state employment rights office.

 

[goofyernmost]

I guess I am going to go a different direction on this. You were hired to do a specific job and that job included doing the things that you got Doctors notes saying you can't do.

You may have a legitimate excuse for not being able to do the job, but that doesn't alter the fact that you cannot actually do the job. It is not the companies fault that you are pregnant. In this case you admitted that you have had difficulties with pregnancy in the past, yet you decided to go ahead and get pregnant. Now your fellow employee's have to take up the slack that you have left. You expect "special" consideration because of your condition. No company owes you "special" consideration, they pay you to do a job, if you can do it, fine...if not then why do you think they should pay you regardless of that fact?

The department of labor isn't going to do much, and the employer knows that. I wouldn't advise going that direction. That will be a scar that will take a very long time to heal. There are federal laws to help you, but they do not involve the company paying you. FMLA will allow the time needed and protect you from losing your job (within reason) but it doesn't require the company to pay you. You can take whatever time off you need during this time and you can use up sick time or other payed time off that is available or time off with no pay. Look into these and take the time to stay safe while you are pregnant. HR will have to assist you in filling out that application. It's a law!

If you have no available time to cash in and cannot afford to take the time off, then you have a problem. Make no mistake about it though, it is your problem not your employers.

 

[princess jackie]

To the PP. I never said it was my employers fault that I am pregnant. I also am not looking to get rich quick. I just want to do my job. I can do several other jobs within the company. I was not specifically hired to do the one job that is causing me problems. I was not trained on that job until about a year ago and I have worked at the company for almost 5.

Also I was told because I don't work enough hours in a year I do not qualify for any FMLA. I understand that I wouldn't get paid but I wanted some job security. I was told in my first meeting with HR that my job was not guaranteed after the birth of my baby.

Thank you to all of you who have shown support. It's been a very stressful time. Thanks again.

 

[shirleyb]

These things must vary by state. At the school where I work, we have custodians who get put on "light" duty when they have a minor injury. It seems to me, that just because you can't perform every duty of your job, that they could allow you to work at some of the other aspects of it.

I'd persue this with your state employment rights office.

It is a company choice to offer light duty, not a legal requirement.

The company put her on "light duty" for over a month, but maybe their circumstances changed and they were unable to continue to do so.

 

[powellrj]

My DHs company offers light duty, mine doesn't.

I don't think you are fired yet, but by them telling you that you may not have a job when you get back is a huge red flag.

I would look into FMLA anyway just to see if you qualify.

Good Luck and I hope things go well for you.

 

[Bren's Mom]

Maybe some of this info will help, there's a contact # at the bottom of the page:

http://www.dwd.state.wi.us/ER/discrimination_civil_rights/publication_erd_7550_pweb.htm

 

[Ohiodislover]

These things must vary by state. At the school where I work, we have custodians who get put on "light" duty when they have a minor injury. It seems to me, that just because you can't perform every duty of your job, that they could allow you to work at some of the other aspects of it.

I'd persue this with your state employment rights office.

Were the custodians who were put on light duty injured at work? That is totally different since Worker's comp comes into play in those instances. They will be paid rather they work or sit at home. Might as well come up with something they can do.

Bottom line--The employer is in their rights to term someone who is not eligible for FMLA or leave of absence, if they are unable to perform the job and ALL aspects of it.

Does it suck that they allowed her to work within her restrictions for a month--Sure does. Does it suck that businesses don't always see the human side of these situations--Sure does.

Taking it higher up in the company will probably not do much good, IMO. I know our HR has to contact them first before letting someone go to be sure they are acting within the policies. They may already be aware of the situation.

 

[MOREMICKEYFORME]

HR Manager here...for the Federal Government
The OP states that the "rules/ policy" were not written, there was no handbook that was A) signed B) agreed to, explaining that there was no "light duty" work available. If an ammendment is made to said policy or handbook, then it must be agreed to and signed off by each employee making sure they understand new policies.
Plus the OP also stated that a co-worked was able to not perform that certain part of the job when they were pregnant and was never fired. Once the "rules/ policy" is broken for one person, it ceases to exist.
Clearly this rule was broken when the previous employee was not required to complete task "A" because of pregnancy, and it was broken again when the company allowed the OP to not do task "A" for a month. They accomodated her then, they must accomodate her now, unless they want to discriminate- then they are opening up a can of worms. Plus, it is extremely unwise for the HR dept to make her perform task "A" when she and her physician have requested her not to- now they are looking for a Worker's Comp lawsuit...

 

[3DisneyBuggs]

I would look into short term disability. I was on bedrest and my employer filed disability for me. Also see if FMLA will cover your absence. My DH is a union employee and they have light duty. It is a great protection for the worker.Good luck.

 

[des1954]

Hang in there "Pregnant Princess" goodvibes ), and arm yourself with knowledge. Knowledge is power!! Your first concern is for you and your unborn child. The legal battle (if one occurs) can be fought after you and your child are in the safety zone.

In Florida, pregnancy is considered a medical condition and employers cannot discriminate against you for it. Check out your state laws and federal laws to see what rights you have. If your doctor has written a letter explaining why you cannot do certain duties, it should be honored. HR people, in most cases, do not possess medical degrees and should not be judging whether your doctor is right or wrong in his/her assessment of your condition.

I think if you are forced to do the duties your doctor has exempted you from, your employer is staring down the barrel of a shot-gun lawsuit, should any harm come to you or your baby. Hang in there!!!

To the OP who made the remark about "choosing" to put one self in a position for another possible "high-risk" pregnancy,,,, BULL!!! That was an insensitive remark that was uncalled for. Just because one pregnancy is high-risk does not predicate all pregnancies as being high-risk. We live in the 21st century for God's sake,,,, not back in the 70's when employers could terminate you just because you were pregnant!! I suppose you also feel that all women should stay at home, be good little women, treat their man right, and remain silent!! Geesh!!!