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View Full Version : Employer Not Willing to Accomodate Work Restrictions!


mdmom2b
09-24-2004, 08:09 PM
Good Evening,

I am a resident in the state of Maryland and I am 5 months pregnant. My OB issued work restrictions which include weight(no more than 20 lbs) and shift work(no working night shifts). I work rotating shifts(every week), however my OB restricted me from working nights. Keep in mind, these are just restrictions, not light duty requests or total disability restrictions. After speaking with the HR rep at my job I was told that they could not accomodate my restrictions and there are only 2 options: 1) that I would have to go out on FMLA 1st (I only have 9 weeks w/o pay) which they say runs concurrently with S & A (paid leave). Is this possible. Do I HAVE to go out as a result of simple restrictions?...without my employer accomodating my restrictions? Also accomodations have been made in the past to pregnant co-workers as far as shift work...can they do that to one and not another...can that be a contingent action?

This gets a little complicated.

I only work this shift and "weight" job a total of 8 weeks before my due date in January. So my 2 options given to me from my employer are:1) I can go out on FMLA on the weeks I have to work this job (intermittedly) or 2) I can just go out and use my S & A straight until I deliver my baby and return to work. Now I'm worried because once my FMLA runs out my job will no longer be secured. But they are telling me to use my FMLA first...which is supposed to run concurrently with my S & A(disablity) Are these 2 options legal and in my favor or is there something else I can do? I really do no want to go out on disability until I've physically not able to do my entire job...right now I am fine, with the exception of the restrictions from my doctor.


Thank you

LConnell
09-26-2004, 05:39 AM
Is there a reason why you cannot work nights? Your employer does not have to create a job for you on that shift to accommodate your condition, unless they have done so for others who are on restrictions who are not pregnant. If they are treating you differently that others who are not pregnant, then that may be discrimination. You can read more about pregnancy discrimination at: http://www.eeoc.gov/types/pregnancy.html.

If they have accommodated other pregnant women in the past but will not accommodate you, do you think it may be because of your race, religion, national origin or because of a sexual harassment issue? (I didn't mention gender and age which are other categories of potential discriminaton, because I assume that you are under 40 and others who are pregnant are also women.)

I'm not familiar with the term "S&A" so I can't answer your question there. Please clarify.

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