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pregnantinohio
03-01-2006, 12:54 AM
I have been with my employer since August 1999. I do not qualify for FMLA - less than 50 employees.
This is my second pregnancy. With my last I was given 4 months off after. Used my STD, vac, sick days during my time off. My plan was the same this time around. There have been about 10 pregnancies, including mine, in the last 5 years. The employer lets each of us determine how much time we take off after, within reason.
Unfortunatly, I was just put on bedrest and STD last Friday due to a complication. I have to return to my OB next Friday March 10th to determine if I am OK to return to work OR if I will be on bedrest the remainder of my pregnancy. I am 23 weeks pregnant.
Here is my concern - my employer has already put an ad in the newspaper to try and fill my position. I work in a dental office as a dental hygienist and have a schedule filled with patients 4 days a week. I know the need is there for someone to take over my patient load. Last pregnancy they had a "sub" hygienist work my schedule when I was off. I talked to one of my bosses tonight and told him that he needs to let the applicants know that I will not know if I can return to work until next Friday. He said that he will let applicants know. I read the ad and it does not say anywhere that the position is temporary - until I return. Do they need to disclose that to applicants? Also, I am worried about possibly not having my position when I return - either after March 10th or after I deliver.

I forgot to mention. If I am allowed to return after my next OB check I will most likely have to cut back my schedule. Less patient load so I have more time to rest and a 6-7 hour work day instead of my 8-9 hour work day. When I told that to the same boss I was talking to he said that he would rather have me there "as normal" but for less days per week (2 or 3 days) instead of 4. Do they have that right to request that? Last pregnancy I was given time to rest during the day as were other girls. I never shortened my day during my 1st pregnancy, but other girls did shorten their day and went home early.

Thanks in advance for your answers!

ElleMD
03-01-2006, 10:32 AM
No, there is no need to put that the job is temporary in the ad. Since it isn't yet certain whether this will be temporary or not, then it makes sense to leave it off the ad and explain this to candidates they are interested in.

Your employer isn't obligated to hold your job for the next 5-6 months while you need to be out. They may, but are not obligated to. They are also not obligated to comply with a reduced schedule, though it sounds like they are willing to work with you on that. You aren't guaranteed the schedule you were prefer. Getting a temp for 2-3 hours a day may not be possible, but finding someone willing to work the 2-3 days a week you can not may be. Talk to your doctor about whether a reduced workweek would be just a beneficial as reduced hours.

There isn't much I can tell you about what will happen to your job long term. You are going to have to work that out with your employer directly.

pregnantinohio
03-04-2006, 06:09 AM
I understand what you are saying, but I had done some reasearch before receiving your answer and this is what I found at the Ohio Civil Rights Commission site about Ohio’s Fair Employment Practices Act:

http://crc.ohio.gov/disc_employment.htm

I also found this under the EEOC site abut pregnancy discrimination and your job, with regards to "modified work tasks":

http://www.eeoc.gov/facts/fs-preg.html

I guess I'm a little confused because I found conflicting evidence to what you told me.
Can you or anyone please clear this up for me?

TIA!

pregnantinohio
03-04-2006, 06:19 AM
I also forgot to reply to the answer about the job being temporary and the ad.

I guess in my first post I wasn't very clear about what I meant. What I was trying to say is that the job is temporary. I know and my employer knows that I will be returning to my job. So in fact is known that the position is temporary - right now it is not known how temporary. Either now - till I come back OR, if I am allowed back, later in my pregnancy/when I deliver through the 4 months that I am hoping to take after the baby is born.

Thanks again!

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