| Amy - February 8 |
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I am six months pregnant and extremely stressed and tired. I recently asked my employer if I can work several hours less per week. She stated that she would not allow it because she does not want to make exceptions for "women's issues" Do I have any rights?
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There should be laws against discrimination. However, it depends on your job really. Is it something you can do part time or is it a full time job requiring full time hours. If it cant be done part time, then I feel the employer should have a right to hire someone who can work a full time job with full time hours.
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“Tell your supervisor and other bosses immediately after you learn that you are pregnant,” advises Steven Mitchell Sack, an attorney and the author of The Working Woman’s Legal Survival Guide (Prentiss Hall Press, 1998). “Once you become pregnant, you enter a protected cla__s under the law, and the company may have to re-evaluate any decision to fire you if that was being considered before your notification.”
Make sure you have some doc_mentation proving that you notified management about your pregnancy. It can be as simple as jotting a note to yourself as to whom you told when and what their reactions were, or as formal as a hard copy of an email or letter you sent to management or human resources to follow up on the initial conversation.
It’s also a good idea to inform your employer of your pregnancy as early as possible so you have adequate time to explore human resources' policies regarding pregnancy and leave. Companies’ maternity leave policies vary widely. You’ll want to know whether or not you are allowed to apply all unused sick, personal, and vacation time to your leave; if so, you can begin planning accordingly to save up your days, and if not, you can start using up your time for medical appointments, or for the days when you just can’t get out of bed. And while you may want to use all your vacation time to extend the length of your paid leave, your company probably can’t force you to do so. “Employers may not require pregnant workers to exhaust vacation benefits unless all temporarily disabled workers are required to do the same,” says Sack.
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Here's more:
While pregnancy is not covered by the Americans with Disabilities Act because it is a temporary condition, many states have pa__sed statutes requiring companies to make reasonable accommodations upon request. Such accommodations might include working from home, shifting from strenuous duties to less physical ones, sitting during the workday when previously the job may not have been conducive to sitting, or working a more flexible schedule. According to Sack, “Employers unwilling to comply with such a request are required to justify their decisions by demonstrating that compliance would create an undue hardship for the business.”
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I see that your posting was a couple of months ago, but for you and all the ladies who read this there is a little thing called the FMLA that legally REQUIRES your employer to make consessions for "women's issues", ie... pregnancy. Provided your physician will restrict your hours in writing. Further, if you are an exempt salaried person, then your employer must do this WITHOUT ADJUSTING YOUR WAGES !!
Your employer would be legally liable for damages both personally and your company as well for telling such a thing.
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