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What Are My Rights? California

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  • What Are My Rights? California

    Hello,

    I live and work in California, I work for a rather large company and my problem is that I am 6 weeks pregnant and my doctor wrote me a note stating that I can only lift less than 20 pounds, but my work is not wanting to honor it stating that if I go work in the spur that there is not a lot of heavy boxes in the spurs which of course there are a ton of freight in the spurs that are way over 20 pounds and I also have to wear a belt with a scan gun attached around my waist and as I run the scan gun is constantly hitting me in my waist and sometimes my stomach. What can I do and how do I go about doing this because the company that I work for is very very hard to deal with.

  • #2
    6 weeks or 6 months pregnant?
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      I am 6 weeks

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      • #4
        A doctor's note does not have the force of law. A company can try to make accomodations (as they would for anyone with a doctor's note that wasn't pregnant), but only up to a point.

        Not to be cruel... but you are only 6 months pregnant. Right now, the fetus is about the size of the end of your thumb. Why are you on a weight restriction?
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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        • #5
          because I am considered high risk pregnancy!

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          • #6
            Cyjeff, just FYI, she said she was 6 weeks pregnant, not 6 months. At this point, the fetus would be microscopic. Actually, I don't think it's even called a "fetus" yet - it's still a zygote.

            In any event, that's irrelevant - OB-GYNs today are terrified of getting sued. They have become overzealous to an extreme in their efforts to avoid a lawsuit. It seems like "high risk pregnancy" can describe a pregnant woman with basically any disease, or one who is over 35 or is overweight/obese.

            If the OP follows her doctor's orders, she'll probably end up out of work if her employer doesn't have any "light duty" work. If she doesn't follow her doctor's orders and something happens during the pregnancy, she doesn't have much of a case. Catch-22 in a very sue-happy world.

            To the OP: I would ask that your doctor take a look at your job description. I would ask him to answer exactly what he thinks you should and should not do. I have no reason to think the "no lifting over 20 lbs." recommendation will change, but I'd rather have my doctor know exactly what I typically do all day and then make a decision than have her arbitrarily prevent me from performing certain duties.

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            • #7
              I would consider the 20lbs to be quite light. My toddler is heavier than that.

              I would say it certainly depends on the reason for your high-risk. My doctor told me that she couldn't say I was allowed to go on roller coasters during my pregnancy. During a vacation when I was 3 months pregnant, I accidentally got on a ride I thought was normal but ended up being a real roller coaster. Nothing bad happened but it doesn't mean that things couldn't have gone wrong. I too think they are just protecting themselves.

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