Hello,

I posted here recently regarding a medical release issue and received some very helpful responses. However, things have gone downhill and I need some more advice.

To recap: I am 8 months pregnant. About 2 weeks ago, I was visiting my doctor as part of my routine prenatal care. She was alarmed that I had lost several pounds between visits and I let her know that I had been experiencing severe back and abdominal pain that also made it difficult for me to eat. After examining me and talking with me at length, we discovered that the source of the back pain was due to sitting upright for long periods of time, such as at a desk or while driving. She asked if my place of employment had a telecommuting policy and whether or not my job fit into that policy. I answered yes on both counts. She then decided to write a recommendation to my employer stating that I work from home for the duration of my pregnancy (approximately 8 more weeks).

Initially, my employer accepted this recommendation, but then later decided that they needed something more from my doctor before they could accommodate me. It was at that time that my HR manager requested that I get something from my doctor that stated my "Serious Health Condition" and the "exact restrictions" she had for me. At that point, I turned to the kind folks here, received some clarification which was very helpful. I decided to call my doctor and went in to see her this past Monday. I brought with me the FMLA Certification of Health Care Provider. She filled it out thoroughly. On it, she stated my serious health condition was pregnancy related and that I was restricted to sitting in a reclined position where I could keep my feet elevated, take intervals where I could lie down to alleviate pain, and have an environment where I could concentrate. On the part of the form where it wants to know if I can only work intermittently, she stated I could work my normal schedule.

I immediately submitted this completed form to my HR Manager. She sat with me and went over the form to ensure it was complete. She then stated that she wanted this to work out and would get back to me with a decision based on what my colleagues had to say.

Finally, yesterday, my HR manager met with me and my direct supervisor. She handed me a letter and asked me to read it. The letter is very confusing and states that any time off from work would require the existence of a "Serious Health Condition", however, I am not requesting time off AND I did supply her with a certification of a "Serious Health Condition". The letter goes on to state that the form I submitted did not address the issue of whether I had a serious health condition that requires me to be off work or work on a reduced schedule (again, I am not asking for either). As I read on I was told that I needed to get yet another Certification of Health Care Provider which states that I cannot perform my essential duties from the office and that working from home was not an option. And that any certification I receive from my doctor would be for the purpose of going on leave and short term disability.

What is confusing is that just 4 months ago, when I had morning sickness, I was given a written policy for telecommuting by my HR Manager. I was also allowed to work from home several times under this policy. In addition, several of my colleagues have (and continue to do so) worked from home, both when they are ill and when they have arbitrarily decided to do so. But now I am being told that no such policy exists. I have 15 days to obtain the new certification from my doctor which would essentially force me to go on disability. During that time, I've been given a provisional leave, but if they decide that my existence of a "Serious Health Condition" is not adequately established on this new form, then I face disciplinary action for any time I miss from work.

I've submitted the letter and another form to my doctor and will see her this coming Tuesday, but I feel like I am being forced to take leave or face losing my job.

If I've telecommuted before and was given a telecommuting policy, can they now claim it doesn't exist? If I have a pregnancy related disability aren't they in some way required to try to accommodate me? They make accommodations for other employees who are sick, or on disability. I am so very confused.

Anyway, I am so thankful for a board like this. I find I can always count on someone to shed some light on issues I may not be aware of and I always look forward to the responses.

Some other facts: My company falls under FMLA/OFLA guidelines. I've been with the company for 1 year. I have had no disciplinary actions or warnings, and have only received praise for my work.

Thanks again.

Did the form state a diagnosis or medical reason for needing the accommodations? It sounds like that was missing. Pregnancy, even advanced pregnancy is not a serious health condition, nor does it fall under ADA, which is the law which would apply to accommodations for medical reasons. My suspicion is that your employer is trying to determine if this is an ADA issue, or just something they are doing to be nice. There is a bit of a razor's edge for employers who grant accommodations for conditions which could be disabilities under the ADA. There is little liability in allowing someone to work from home when they just feel under the weather but if the employer suspects there may be an ADA qualifying disability involved, it can get dicey as it may be viewed as "regarding" the employee as disabled.

Indigestion, and general back pain are not disabilities but things like GERD, herniated discs, sciatica and other disorders could be. I know my red flags go up when concentration is mentioned as there are few physical ailments that prevent concentration and require working in another location. I also question whether just a change in location would be effective.

Are others telecommuniting regularly now? Is it possible the policy has been recinded or revised? As I said, letting someone work from home for a day or two while recovering from the flu is very different than setting it up in response to a medical condition that will go on for several weeks.