Pregnancy

[spanishprncess71]

Hi, I am employed by a small law firm in NJ, I recently found out that I am pregnant. My doctor has told me that I can continue to work but no picking up heavy object, etc... I also have to go to my doctor weekly for ultrasounds and bloodwork to make sure my progesterone level is getting higher and higher. My boss was a little annoyed that I was in and out so much so he decided to tell me that I have exceeded my vacation and sick time and that if I am going to miss any more work, he will have to dock me. Can he really do that?

[LConnell]

Are you exempt or non-exempt? That information is very important to this matter. If you are non-exempt, your employer can dock you, so long as they are consistent in their treatment...in other words, so long as they treat you the same as with other employees who have similar amounts of absences.

If you are exempt, your employer is restricted from docking you for partial day absences. But, your employer can place you on disciplinary counseling...again, so long as they would do that with other employees with similar amounts of absences.

If your employer has at least 50 or more employees within a 75 mile radius AND you have been employed at the firm for at least one year AND you worked at least 1000 hours in the last year (for the NJ law) or 1250 hours (for the federal law), you can apply for federal family medical leave OR the New Jersey Family Leave Act. You can find additional information about the federal and the state leave Acts by looking at the following website:
http://www.dol.gov/esa/programs/whd/state/fmla/nj.htm The Leave Acts can ensure that a qualified employee is not terminated for excessive absenteeism. However, they do not require a paid leave.

Let me know if you have any other questions.

[aeh4543]

You will also want to make sure that any agreement you may come to (or a policy they enact) is specified in writing.

[LConnell]

I'm not sure what you are referring to when you say, "agreement". Please clarify.

[wagen235]

Hi I am working for a major firm and have been discriminated racially.Have been subject to certain comments regarding the country of origin, and being a women. Recently I found out that i am pregnant and my doctor has advised me to work from home. The company itself allows people to work from home. But due to my pregnancy condition, my bos is trying to get rid off me by saying that he does not have enough work for me to do from home.. My work involves working on the computer no matter where it is located. He is forcing me to take short term disability.. Is this legal and can anyone what I should do ?

Thanks

[wagen235]

Hi I am working for a major firm and have been discriminated racially.Have been subject to certain comments regarding the country of origin, and being a women. Recently I found out that i am pregnant and my doctor has advised me to work from home. The company itself allows people to work from home. But due to my pregnancy condition, my bos is trying to get rid off me by saying that he does not have enough work for me to do from home.. My work involves working on the computer no matter where it is located. He is forcing me to take short term disability.. Is this legal and can anyone advice what I should do ?

Thanks

[LConnell]

It is illegal if his decision is based on your pregnancy and he permits others to work from home. However, if he is right and there isn't enough work to be done from home, he doesn't have to create work for you.