Is this fair(possible work discrimination)

[ez]

I am a letter carrier in FL. Approx 1/3 of my day is sorting mail in the office, and 2/3 is delivery. I am 7 months pregnant and Tues my doctor says for the remainder of my pregnancy, I need to be working indoors and in airconditioning(mail truck has been reaching 120f.) We have a male carrier who has been having seizures and is unable to carry his route, so in addition to casing his own route(1/3 of a days work) they have been giving him other office work to do to give him a full 8 hour day. So now there is me needing "light" duty, and also a lovely female carrier who works next to me, and also cannot carry her route because she unfortunately has just started chemo. Well, we were both informed today that they are only allowed 1% of their workforce to be on light duty, and the male carrier has already been given that position, so basically, we are %$#$@ out of luck. That means after our 2 1/2 to 3 hours casing up our own route, we are being sent home, and if we want to get a full days pay, must take annual or sick leave, while this male carrier is continually supplied with light duty work and he works a full 8 hour day. I had a page from the pregnancy discrimination act at work, and gave them the page where it says "a pregnant employee needing light duty must be accomodated TO THE SAME EXTENT that they are accomodating other light duty employees, but they just handed it back to me. Unfortunately, the union in our office is weak because the steward is very cozy with management. At this rate, taking 5 hours leave a day for 2 months is really gonna burn up my leave. Any leave I take after the baby comes must also come out of my own leave because the post office has no maternity leave. I just wanted to get some objective opinions as to how fair this situation sounds to you all, so if you have a chance, let me know what you think. Many thanks!

 

[Chrissi Pooh]

I think it bites and I would go to someone higher until they understand your needs!!!

Good Luck to you!!!

 

[Bojangles]

While it's unfortunate, it doesn't sound like they can accomodate everyone with light duty that needs it right now. Can't you go on disability or something? Good luck!

 

[tkd lisa]

Is there any option that you could work at a different office until the baby comes? I'm pretty sure all federal employees have to use sick time for maternity leave. I did. Do you have a leave donation program? It might be able to help either you or the co-worker undergoing chemo.

I know the Post Office has some work rules different than the federal government, but I do think this sounds extremely unfair. If your policy says that light duty can be arranged, then they have the obligation to offer you light duty (imo). Now if they offer it at a different location and you're not willing to take it, then they've tried.

Let us know how it turns out.

 

[GoofItUp]

I know this is not going to be popular, but I'll go ahead and lay down my opinion. I believe if you can't do the work you were hired to do, an employer should not be obligated to accomodate you. (I'm not really a union supporter at all.) It sounds like there are several people in your office that are not able to do the work. What can the employer do? Hire 3 more people to do the jobs the 3 already there are suppose to do? I'm not trying to bash you, just trying to look at it from their perspective.

I really do hope it works out for you somehow.

 

[Growin'upDisney]

What about the option of rotating who gets the light duty and who has to take the paid time off. it sounds the most accomodating to everyone involved, but doesn't solve the problem of who actually would be doing the "heavy" work in each of your abcences.

If the pregnancy leave states that you must be given light duty to THE SAME EXTENT as others, then they must abide by it. If they are giving other 'similarly situated" employees light duty then tehy must accomodate you as well. It doen't sound like there is first in line clause that says the first person to ask for light duty gets preference. You may have a case. I would bring it to your shop steward anyway. If nothing is resolved, take it to your union hall or agents in your local.

 

[Brer_Papa]

First....I am not totally aware of all State laws....that out of the way...

Most Colective Bargaining Agreements contain a clause where the Employer and the Union agree that there will be no discrimnation bsed on gender, religion, age, creed National origin, and some contain for employees with disability...so...check your contract....

Next, whether the Collective Bargaining Areement states disability or not...federal law either concurs with or supercedes provisions of a Labor Agreement...

next....check with the Florida Unemployment Center....some states allow Unemployment benefits...whole or partial...if an employee is denied work on a light duty program but can perform some work...that employee is consdered "available for work" and therefore eligible for unemployment benefits...

next...make your Union rep get off his butt and representyou...failure to do so can be reported to the NLRB for failure of fair representation....

Last....you mentioned you were informed only 1% of the workforce is allowed on light duty...

says who & where? Post office Policy? the collective bargaining agreement?

remember....the parties cannot come to an agreementthat woud be deemed discriminatory....

 

[Brer_Papa]

something i meant to say in my earlier post....

by allowing you and your female worker to work reduced hours fits the description of a light duty program...therefore the 1% factor seems to be surpassed....

unless the 1% is a percentage of total hours worked / available in that facility....and if that is the criteria...it brings up the question : 1% of hours worked by who?

I know the use of temporary workers is utilized in many post offices...plus there is the supervisory positions....do all the hours count?

or...is the 1% a percentage of workers...again..which ones?

I have kowkledge of many light duty programs...sure....some are called restricted duty...some modified duty....

in the end...they are all virtually the same thing....I ave never seen oe that allows only a percentage as a criteria....

typically these "light duty" programs say..."the employer MAY find available work for those employees...."

please...keep us updated...i hope it all works out in our favor....

 

[Rajah]

Originally posted by GoofItUp
I know this is not going to be popular, but I'll go ahead and lay down my opinion. I believe if you can't do the work you were hired to do, an employer should not be obligated to accomodate you. (I'm not really a union supporter at all.) It sounds like there are several people in your office that are not able to do the work. What can the employer do? Hire 3 more people to do the jobs the 3 already there are suppose to do? I'm not trying to bash you, just trying to look at it from their perspective.

I really do hope it works out for you somehow.

Remember that when you lose your job because of injury or illness.

 

[ez]

is not light duty, that is just the part of my normal duties which I can continue to do. In otherwords, that is something they cannot take away from me.
I don't know where the 1% formula comes in or who is included, and frankly, I don't know if management does either.
There is plenty of office work they could give us, if they wanted too. Believe me, they are so short on clerks they have stuff sitting in piles everywhere, just begging for someone to go thru them. Plus the phone rings off the hook most of the time. I guess I think it would be more fair to split up the light duty hours they admit they have available between the people that need it. The guy who is on light duty has been on it for over a year. And he just gets random odd jobs to do each day, its not like its a specific assignment.
One way or another, they are going to have to cover our routes, there is no way around that. We have both been there for over 17 years and have never abused our leave, its too bad they wouldn't make more of an effort to accomodate us.
In Florida, I am pretty sure that I have absolutely no chance of collecting any sort of disability in my circumstance, but I would live for someone to tell me I'm wrong....I've never collected any disability or unemployment in my life. Thanks for your imput.

 

[Brer_Papa]

You may be entitled to "short term disability" benefits...(aka Sickness & accident benefits) while you are off work when you come to term....

in the meantime, the worse that could happen is a "no" if you make an inquiry into partial U/C benefits while your hours are cut....

you are certainly deserving after 17 years service....

and...I agree...not accomodating you after 17 years service stinks....

 

[sap1227]

I think it is terrible that they are not finding something for you to do. But, they are accomodating you in the same manner as non-pregnant people (the carrier starting chemo), so I would not think it is pregnancy discrimination. I do think the rule that only 1% of the workforce can be on light duty at a time.

Good luck!!

 

[Bojangles]

Originally posted by ez
I've never collected any disability or unemployment in my life.

You should check. If light duty is not available, you might be eligible for something. Also, is there a program where other workers can donate leave hours? They do that in a lot of schools here for teachers that have to be out for surgery or longer illnesses.

 

[Broken8ball]

Originally posted by GoofItUp
I know this is not going to be popular, but I'll go ahead and lay down my opinion. I believe if you can't do the work you were hired to do, an employer should not be obligated to accomodate you. (I'm not really a union supporter at all.) It sounds like there are several people in your office that are not able to do the work. What can the employer do? Hire 3 more people to do the jobs the 3 already there are suppose to do? I'm not trying to bash you, just trying to look at it from their perspective.

I really do hope it works out for you somehow.

Yes! I agree 100%

Guess you don't live in Moscow on the Colorado then?

 

[LuvN~Travel]

We've had the 'cosiness with management' problem in the past, too here. Have you also tried contacting your regional or statewide union members? Get their names from your local union rep, and call them, giving them the info. If you can't, try back with me, and I'll see if I can get our union reps here to find out for me.
The post office management is the pits, isn't it?
Also, I would definitely contact a lawyer about this. Let that person know what is going on. I'm not sure if you have a good local EEO rep or not (ours is the pits here, ain't worth a plug nickel IMO), but let them know what is going on. An above all, document, document, document! And, send all of your correspondence....certified!
Good luck.
Kim

 

[Kteacher]

I believe pregnancy is still considered by law to be a disibility, and should then be covered by the Federal Disibility Act. Check in to your rights-let us know how you're doing!!

 

[evilqueenfan]

My husband is a supervisor of letter carriers/clerks for the USPS. (He also was a letter carrier for 19 years.) He does not believe that they can do this to you. Even though the union steward in your office refuses to help you that does not mean that you cannot get the union to do something. You have a union president for your local. Contact him/her or call the union hall.
It may be that the supervisors just do not want the bother of having to cover your route or split your route to have it covered. (Which of course is wrong!) But if they can get away with it they may try. He also said that you should file an EEO complaint immediately! If I can be of any further help, you can PM me.

 

[Mskanga]

The case is simple and easy, they don't accomodate you, have your doctor put you out on disability. Pregnancy is considered disability and you are entitled to those benefits. Good luck.

 

[judi]

We have been told that light duty applies only to those that are injured on the job. Each post office may tell you something different. And it depends on how well you are liked. DH is a letter carrier and it is a pain to find out info sometimes. Once we had to talk to the NALC local president to get the correct info on a problem. Keep going up the NALC chain until someone will get an answer for you. Good Luck

 

[mamajoan]

SHORT TERM DISABILITY

Explain to your doctor that Light duty is not available at your place of employment. If Doc does not suggest short term disability, then you suggest it. This will not affect your position at work. The Short term disablity will last until you are cleared by your doc to return to work.. this will be approx 4 weeks after the birth of your child.

I am not sure how much your state pays toward disability.. in Ca it is approx 60% of regular pay. There are other rules that go along with this solution but it differs state to state...

just thought it might be an option.

best wishes!