Hope you can help!

3 weeks ago my OB put me on a 20-hour per week work restriction due to a pregnancy complication. I had a labor "false alarm" early last week. After taking the following day off as advised by my doctor, I called my employer to inform her I would be returning to work the next day to continue my part-time status.

She indicated she was uncomfortable with me being at work and thought perhaps I should work from home for the remainder of my pregnancy. I was fine with that and my doctor was ok with that as well.

Today - out of the blue - the company's HR person calls to tell me my boss (who is the president of the company by the way) doesn't think my working from home is "working out" and would prefer if I just stayed at home until I deliver and not worry about work. She indicated that she had talked to our STD vendor and they would be fine with paying me full-time disability starting tomorrow - but I can't imagine that happening if my doctor has cleared me to work 20 hours per week.

Can my employer essentially "force" me to take early maternity leave? I'm due in 3 weeks. And, would this leave be unpaid? - And if so, isn't that just like firing me?

It's a small company - but we do have over 15 employees. Any advice? I've already asked for documentation stating I'd be given full-time disability pay and told them I would either report to the office tomorrow morning or would continue to work from home as usual until I heard differently.

They do not have to allow you to work at home if it isn't working out. No law requires you be permitted to work at home or be provided light duty for the remainder of your pregnancy. You must be treated as anyone else who has similar limitations for a medical reason.

Unless the STD plan is really salary continuation offered by the employer, your employer can not guarantee that you will get benefits. It would be up to the carrier to make that determination. Asking your employer to speak on their behalf is unreasonable. Typically though, if the employer is unable to meet the restictions, then you would qualify for benefits.

You do not decide whether or not your employer continues to allow light duty or working from home.

They do not have to allow you to work at home if it isn't working out. No law requires you be permitted to work at home or be provided light duty for the remainder of your pregnancy. You must be treated as anyone else who has similar limitations for a medical reason.

I'm not asking them to permit me to work from home - just to follow my doctor's orders when it comes to the amount of time I'm able to work. I thought - according to the Pregnancy Discrimination Act, that I had to be treated the same as other employees in this regard. The whole reason my boss wants me to stay at home is because I'm pregnant and near my due-date. And yes - she did specifically state that was the reason.

My employer is basically stating "You are getting close to your due date and I am uncomfortable with you being in the office - therefore you need to start maternity leave now."

According to the pregnancy discrimination act, "If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth."

But what you're stating is that they can essentially "make" me go on unpaid leave until my delivery (when the short-term disability kicks in) despite my doctor saying I'm able to work 20 hours/week? Isn't that kinda discriminatory?

I'm saying that since you are not capable medically of performing your full job that you must be treated as anyone else who in medically incapable of performing their full job. If others who require light duty and reduced hours and work from home for 3 weeks are placed on leave, then you can be as well.

I don't see where the leave would automatically be denied by the STD carrier. If you are unable to work, then you can apply for benefits. I'm saying that your employer isn't the one to make that decision and that not knowing why your doctor indicated you should be working with restrictions, it is impossible to say whether this will meet the definition of disability per the policy.

In other words, no, your employer does not have to provide work from home or light duty just because you are pregnant. PDA does not require either. Saying the reason for your leave is pregnancy is not evidence of discrimination, it is the reason you are out or requiring restrictions.

I thought - according to the Pregnancy Discrimination Act, that I had to be treated the same as other employees in this regard.

Who has the employer allowed to do what you seek, i.e., work less than a full time schedule because of an illness or medical condition?

I only know of one other employee who was put on part-time hours due to radiation and chemo during cancer treatment. That employee eventually left the company.

So - just to be clear then, if my employer is asking that I go on maternity leave until after my delivery - they have the right to put me on unpaid leave.

If our STD company determines that my leave doesn't qualify as disability - I will also not be getting paid until I deliver.

Is all of this correct?