Thank you for using JustAnswer. I am Loren and I will do whatever I can to provide an honest and accurate answer to your question.
I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.
While the employer may require medical documentation, under the Pregnancy Discrimination Act, an employer that allows temporarily disabled employees to take disability leave or leave without pay, must allow an employee who is temporarily disabled due to pregnancy to do the same.
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
Further, under the Family and Medical Leave Act (FMLA
) of 1993, a new parent (including foster and adoptive parents) may be eligible for 12 weeks of leave (unpaid or paid if the employee has earned or accrued it) that may be used for care of the new child. To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave and the employer must have a specified number of employees. See http://www.dol.gov/whd/regs/compliance/whdfs28.htm
What this means is that the employer may not treat you differently than any other employee with a temporary
You can file a complaint with the EEOC
. To file the complaint see: www.eeoc.gov.
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Since this forum is no substitute for your own legal counsel, you may want to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.
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