PDA

View Full Version : Pregnant-can I refuse to work overtime? New York


alev10
04-07-2007, 10:35 PM
I am pregnant and I work in New York City for a company that has around 300 employees (not all of them in NY). I am having some difficulties with my pregnancy, but I am still able to go to work and perform my duties. However, I feel very sick in the early evenings till I go to bed.
Do I have the right to refuse to work overtime? Can I be fired If I refuse to work overtime? I have been working for the company for three years and have great reviews.
Thanks

cbg
04-08-2007, 10:41 AM
Yes, you can be fired if you refuse to work overtime. No law gives you the right to refuse overtime because of being pregnant. The employer is required, under the Pregnancy Discrimination Act, to treat you exactly the same as if you were not pregnant. If everyone else has to work overtime, so do you.

However, if you are medically unable to work overtime (not just don't want to) AND your doctor is willing to provide you with a certification to that effect, that time can be considered as intermittant FMLA. Note that the more FMLA time you take during the pregnancy, the less you will have at the time of the birth itself.

alev10
04-08-2007, 06:06 PM
Thanks for the answer. My coworker and I are the only one required to work overtime out of approx 60 people in the NY office, often times because my boss can't organize her time and sits on things for weeks. The work can truly be done in regular work hours if my boss uses her time efficiently. So I am still a bit confused...if only 3 people in my office ever work overtime (and I am one of them) and I still feel sick in the evenings as my pregnancy progresses, can I refuse to work those hours or am I at the mercy of the company?

cyjeff
04-08-2007, 07:12 PM
You still must work the overtime.

Betty3
04-08-2007, 08:02 PM
It may not seem fair but it is not an illegal request & you can be fired for not complying.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements