Hello,

I am 8 months pregnant and recently visited my doctor with complaints of severe back pain and digestive problems that were determined to be the result of sitting in an upright position, such as at a desk or driving a car. It was determined that if I sit in a reclining chair, with a laptop, then the severity of the problem is reduced significantly. She recommended that I consult my HR manager about working from home (where I have such a chair and laptop) and said once I had done this, to contact her office and she would fax over a Medical Release making the recommendation that I work from home.

I spoke to my HR manager and she let me know that I simply needed a statement from my doctor, on letter head, indicating what restriction I was under and the duration for which I was to remain restricted. Later, after speaking with my doctor's office, I received a faxed Medical Release from my doctor on letter head. The fax stated that she (my doctor) was recommending that I "be placed on the following work restriction: work from home due to advanced pregnancy", and she noted the duration would be until my due date.

Once I presented this fax to my HR manager, I asked to make sure that this was sufficient. She stated that it was sufficient and, in fact, it was exactly what she needed.

Today I was scheduled to meet with the HR manager and my supervisor to go over the logistics of working remotely, something that many employees at my company do, and something that my specific position is ideally suited. However, at this meeting, I was a bit stunned when the HR manager informed me that the Medical Release form was no longer sufficient and now she is requesting that I obtain a statement from doctor explaining in detail my "Serious Health Condition" and what "Exact restrictions" I am under. Confused by this, I asked my HR manager if she meant the Certification of Health Care Provider form from the DOL since "Serious Health Condition" is the language used on that form, but she stated that that form wasn't necessary and she needed the information for her own records. I was told that until I provided specifics as to my "Serious Health Condition", then I was not permitted to work remotely.

I am so confused because I was very careful in the first place to make sure I understood what I needed to get from my doctor. Then when I obtained it, I double checked with HR to verify that what I had received was what she needed. I was told it was, but now they are changing the requirements after the fact.

The issue I am having is that my doctor is on vacation for the next week and there is no one at her office who can help me with this. In the meantime, I am required to go into the office to work, despite severe pain and problems and my doctor's recommendation that I work from home. I feel trapped and don't know what to do.

Any input/opinion would be greatly appreciated.

Some other possible relevant details: I am eligible for FMLA/OFLA at my company. My company does have a policy regarding telecommuting and my position meets all the requirements. I have previously provided my HR Manager with a Certification of Health Care Provider form early on in my pregnancy (at my employer's request).

Thank you for your time.

she is requesting that I obtain a statement from doctor explaining in detail my "Serious Health Condition" and what "Exact restrictions" I am under.

"Serious Health Condition" is the language used in the FMLA. I can only assume your employer is trying to determine whether they can or should place you on leave rather than arrange for you to work from home.

I be placed on the following work restriction: work from home due to advanced pregnancy In all honesty, that tells your employer nothing about what your actual work restrictions are. Work restrictions are things like "no lifting over 10 lbs," "no standing for more than 30 consecutive minutes," "no bending," and so on. Your doctor stating you should work from home is not a work restriction - it's simply a recommendation.

I don't know what the logistical requirements are for you to work from home (i.e. do they need to give you a computer, set you up with VPN access, supplies, etc.) but perhaps at eight months pregnant, they're contemplating whether it's worth going to that trouble for the few weeks remaining before you have the baby.

Thanks for your reply. Your answer helps a lot. I've requested that my doctor fill out the FMLA Certification of Health Care Provider form. Hopefully that will be sufficient for my HR Manager since that form provides the info she is requesting.

Just a follow-up question, were my doctor to simply write a note outlining the Serious Health Condition and Restrictions and I were to give it to my HR manager, would that mean it was at my HR Manager's discretion as to whether or not she felt the health condition and restrictions were valid? In other words, is it common practice for such a thing to be at the HR manager's discretion?

Many Thanks!

Yes, it is up to the employer to determine whether or not the restriction can be accommodated and whether or not working from home is allowed. Rather than setting you up to work from home, perhaps they could arrange for more frequent breaks or a different chair or rework your duties. You aren't necessarily entitled to the accommodation your doctor suggests or that you would prefer.

There could be many reasons why your doctor recommended working from home including your personal preference and the note you provided doesn't give the company anything to go by. It doesn't indicate how long you can sit or in what positions nor what the effect is on you if you do not have the accommodation. I would make sure the doctor is clear about what you need and why as well as how long you can sit, stand and recline.

Thanks for the replies. Both answers have given me a much clearer perspective on the situation.

Thanks again! :)