My job and my pregnancy...what are the laws to protect my unborn baby and myself?

Question

I have been employed with a major health company in the state of Louisiana since June 30, 2008. I work as a security officer. I found out July 31, 2008 that I was Pregnant. The doctor advised that I was likely to have conceived on July 12, 2008 and that my due date would be April 4, 2009. I advised my supervisor of the pregnancy. He in return then advised the Security Administration and Human Resources. Human Resources never responded to any email about policy or even contacted me back via telephone or walk in's for two weeks. Once I was approached (two weeks later) Human Resources advised me that there was no policy on pregnancy in security. I feel that I may be injured or my baby may be injured while working. I advised Human resources of this and Human Resources stated well you can apply for another job but I don't think you will get it, there are more qualified applicants. Then Human resources stated would you like to resign now, I can start your paperwork and you can fill out another application after your pregnancy and try to get rehired. I advised no I would not like to resign. I asked human resources what would happen if my baby or I was to be injured. Human Resources never answered the question and proceeded to end the conversation. What should I do in order to protect myself and my baby??? Do I have any options?

I did not resign because I need my pay check for myself and my baby. Also I have great insurance and I don't want to be with out it. I have been looking for other jobs. I don't think that this is right and I would like to fight it with out putting my unborn baby at risk as well as myself.

Answer 1

Well, what DO you think is right?  Do you think they should just give you the whole rest of your pregnancy time off and continue to pay you, because you think you MIGHT be injured?  Are these injuries something that happen regularly in your work?  

If your doctor says you are unable to work, and you qualify, you could take off 12 weeks of unpaid leave under FMLA.  But otherwise, you are out of luck.  Your choice is to work or to resign.

Since you don't make it clear what you are expecting the company to do for you, it's hard to give you much of an answer.

Answer 2

Well you don't qualify for FMLA.  If you are so concerned you just need to quit and find anther job with light duties.  Pregnancy is not a disability.  I worked up to my 8th month and never complained and my job was waiting for me when I come back.  As for what would happen to you or your unborn baby, you are so worried that something will then something just might.  Your employer is under no obligation to you. There is nothing to fight about. No you don't have any options except to find another job since you are so afraid something will happen.

**UPDATE; even if your doctor gives you a letter stating you need light duty, doesn't mean a thing.  If the employer does not have any light duty positions you are out of luck, they don't have to accommodate you, CAT LAW and Renna are wrong.  You have not been employed long enough, and you are not in a protected class.  If you feel your job is dangerous then quit and stay home. In your profile you say you are getting married soon, so let your husband support you.    I just don't get these people that think pregnancy is a disability.  I hope everything works out for you but Pleasseeee!

Answer 3

i advise that you go back to your doctor and tell him/her to send an email or letter to your employer and save a copy and then give another copy to you and then you can take your copy to a court of law in Louisiana and wait for their respond. If they don't give you light duty jobs you go back to to the court and tell them about the complaint.

Answer 4

Are you saying that your current job puts you at risk of being attacked and physically injured?  If so, you could look for a security job, a post or a shift, that is more routine and does not involve any significant risk of physical injury.  Most security jobs are like any other office job and are not very risky.  

Answer 5

Renna A is correct.  Any request for light duty or accommodations MUST come from your doctor and must be in writing.  Because the doctor makes the request, it has to be based on a likely potential of harm, not a guess or 'what if''.  For example if your job includes heavy lifting and the doctor feels that lifting over a certain weight can harm the fetus, then the doctor requests an accommodation.

It all depends on the physical limits of the job you are doing.  If there have been injuries common to Security workers, then you may want your doctor to ask that you be moved to a safer shift or desk duty.  The legal problem comes if you cannot point to a particular activity (such as lifting) or past events that make you afraid for the safety of your baby.  

Look at www.eeoc.gov  this is the EEOC website.  It has a great explaination on the laws against Pregnancy Discrimination.  Good luck.