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3 Bumps

Is this legal??? Forced to take a leave of abscene while pregnant

So after dealing with PCOS and 7 years of trying my sister is finally pregnant. She had an ultra sound Monday to confirm she is 10.5 weeks. She works at Speedway in Ohio. She had been on top of the world until her work just busted her happy little bubble. She is considered high risk due to some health issues and her doctor put her on restrictions; can't lift anything over 20lbs, no harsh chemicals, can only work for 8 hrs a day, 45 hrs a week. And today they forced her to take a leave of abscence until her restrictions are lifted. Wtf? is that legal? she is going to call HR tomorrow and see if there is anything she can do. That just seems crazy to me!

Answer Question
 
jedwards2009

Asked by jedwards2009 at 6:44 PM on Jun. 16, 2011 in Pregnancy

Level 17 (3,282 Credits)
Answers (11)
  • I highly doubt is legal, they are supposed to work around her limitations...
    DDavidson

    Answer by DDavidson at 6:51 PM on Jun. 16, 2011

  • Does her job require her to do the things she's restricted on? If anything, it sounds like they are just trying to save any trouble that could occur if she were to get hurt on the job. Then it would be a workmans comp issue which will be out of pocket. A leave of absence is better than letting her go, ya know? I would think something like this would have to be circumstantial so maybe in her case they are just doing what's best for both parties. Is a leave of absence pay or no pay? I'm not familiar with that.
    DJsMommy610

    Answer by DJsMommy610 at 6:52 PM on Jun. 16, 2011

  • Sounds crazy to me as well.
    smurfyangel

    Answer by smurfyangel at 6:53 PM on Jun. 16, 2011

  • Leave of abscence is no pay. and they also don't have to let her come back.
    jedwards2009

    Comment by jedwards2009 (original poster) at 6:53 PM on Jun. 16, 2011

  • This is my understanding. IF there is another suitable position in the same company that would comply with the medical restrictions, the company may be obligated to transfer your sister to that position on a temporary basis until her doctor lifts the restrictions. If nothing suitable exists within the company, then the employer cannot have your sister working against doctor orders . . it would be too big of a liability for them.

    When you sister talks to HR, she should mention to them that they should transfer her if a suitable position exists.

    I don't know if that helps . . . .
    ImaginationMama

    Answer by ImaginationMama at 6:54 PM on Jun. 16, 2011

  • Oh, yes, and she can apply for pregnancy disability benefits to continue recieving a paycheck. She should do that through the state.
    ImaginationMama

    Answer by ImaginationMama at 6:56 PM on Jun. 16, 2011

  • only if you are to the point of not being able to do the work and by you being liablity they can do that
    tinamarie1972

    Answer by tinamarie1972 at 7:01 PM on Jun. 16, 2011

  • Depends on the state she lives in.

    If she can no longer fulfill necessary duties, they can most certainly let her go.
    ObbyDobbie

    Answer by ObbyDobbie at 7:05 PM on Jun. 16, 2011

  • Yes it is legal and that company is ....
    mys797

    Answer by mys797 at 7:05 PM on Jun. 16, 2011

  • I work in retail and believe me NO ONE anymore wants to help out a woman having a baby, the men I work with say if you cannot lift you need to go on leave. Well I say just because she cannot lift does not mean she cannot do her job, help her out she is with child. And the men saying this has children of their own. Sometimes I wonder and feel sorry for their wives do they treat them that way at home...And in todays ecomony women cannot afford to take leave early because they would like to stay home and enjoy their baby when the bundle gets here..
    nana0128

    Answer by nana0128 at 7:10 PM on Jun. 16, 2011

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