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3 Bumps

I still don't understand how this is legal....

My sister is about 14 weeks pregnant. She is considered high risk due to some health issues she has. Her doctor put her on basic restrictions right away, no lifting more than 35 lbs, no working more than 9 hrs a day, 35 hrs a week etc. Nothing drastic at all. She works at a Speedway Gas Station as a manager and when she informed her boss of her restrictions her boss called HR and they MADE her tkae a leave of abscence. She was told that was company policy anytime a person has ANY restrictions. It's unpaid leave. She contacted the labor board and they said she is basically stuck and there is nothing that they can do. I just don't see how it is legal... If she gets her doctor to lift the restrictions and she goes back to work her boss will put her back on 13-15 hr days. Whic hshe isn't required to do, it's just what her boss schedules her for. The whole thing just doesn't seem right to me... She's filling for unemployment. She lives in Ohio. As soon as she found out she was pregnant she put in for a transfer for a desk job doing customer service, but they won't even do that. has anyone delt with this before? or even heard of something like this before??

Answer Question
 
jedwards2009

Asked by jedwards2009 at 8:33 PM on Jun. 28, 2011 in Money & Work

Level 17 (3,282 Credits)
Answers (6)
  • She should have no problem getting unemployment. She is willing to and available for work, they just said there's nothing for her. Her doctor didn't say she couldn't work, just that she has restrictions. The same thing happened to me and I was able to get unemployment. It's a pain in the butt process, but tell her to be patient.
    TARARENEE

    Answer by TARARENEE at 8:45 PM on Jun. 28, 2011

  • I guess the question is, can she do her job while adhering to her restrictions?  Can she fullfill her duties on a limited day?  If not, what is the employer supposed to do?  If something goes wrong with her, the company could be held responsible.  It sounds legal to me.  I am sorry she is upset however.  It is a stressful time as it is, she didn't need this added stress.

    ochsamom

    Answer by ochsamom at 9:14 PM on Jun. 28, 2011

  • I think what they did was legal. It sucks, but if she can't perform the job, she has to know that she can be fired. Being pregnant is not a disability, so she can't be covered under ADA laws. Sure, it's morally wrong - but I think they are legally right. Honestly though, they could have worked with her on setting up a system to help with her new accommodations. But most companies just don't care enough about their employees.

    banana-bear

    Answer by banana-bear at 9:27 PM on Jun. 28, 2011

  • She was still able to do her job. It was taking her a little bit longer to stock the coolers because she wasn't lifting two or three cases of stuff at time. The only thing it really affected was her hours. But like I said, it wasn't her job requirement to work those crazy hours. That is just what her boss scheduled her.
    jedwards2009

    Comment by jedwards2009 (original poster) at 9:54 PM on Jun. 28, 2011

  • yea i think it has to do with insurance and liability
    lizzybee44

    Answer by lizzybee44 at 11:43 PM on Jun. 28, 2011

  • I would go to the local news. Picket the place for discrimateing against pregnant women.

    LoveMyDog

    Answer by LoveMyDog at 8:30 AM on Jun. 29, 2011

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