PDA

View Full Version : Pregnant in IL forced from Salaried to Hourly


Nyanchan
08-13-2005, 03:25 PM
I'm 33 weeks pregnant and work for a small company with 30 employees. I understand that I am ineligible for FMLA. I am a salaried employee and have worked for this company for 4 years. Currently, I am being forced to go to an hourly position and whatever time off I take (Dr.'s appts etc.) is docked off of my sick/vacation time.

There are other salaried employees in the company that are ill, who were not made to go hourly and whose time out of the office does not get docked out of their sick/vacation time.

Please note that there is another pregnant woman in the company who is being treated the same way that I am.

Thank you for your insight.

cbg
08-14-2005, 11:29 AM
There is nothing illegal about requiring you to cover doctor's appointments with vacation or sick time. However, if ONLY pregnant employees are being required to do this, then you may have a case of pregnancy discrimination. You can contact the EEOC or your state civil rights commission to file a complaint.

Nyanchan
08-14-2005, 05:21 PM
Thank you for your quick response..

What about being forced to go from a salaried position to an hourly one? That is my main concern. I've been looking everywhere for an answer to that, and not able to find anything that would describe my situation.

Thanks.

cbg
08-15-2005, 11:11 AM
From what you describe, I don't think that's actually what has happened. There's a difference between making you hourly and requiring you to cover missed time with vacation or sick time. Many, many, many salaried exempt employees are required to do that without it affecting their status.

However, even if there are details you left out which confirm your contention, it's the same answer as before. There is nothing illegal about making an employee non-exempt (hourly). It is only illegal to do so BECAUSE you are pregnant IF employees who have non-maternity related conditions are not.

What it all boils down to is that nothing your employer is doing is illegal in and of itself. What, if anything, is illegal is that ONLY pregnant employees are affected.

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