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I have a question, I am pregnant and my doctor just put me…

Customer Question
I have a question...

I have a question, I am pregnant and my doctor just put me on resrtictions for 8 hrs a day no more than 40 hrs a week and a lift restriction of no more than 30 lbs. I turned in the paperwork to the human resources rep at my employer and she told me that since i have used up all of my fmla(12 weeks) that every day that i leave before my scheduled time (which is 12 hrs a day 7 days a week) i would receive a 1/2 point and eventually I would point out and be fired. I do not know where to turn or whom to contact for help this does not seem legitimate or legal.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I think just full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The fmla i previously used is due to my mental illnesses and the most recent fmla that was taken was due to the fact i could not take my medicine in the first trimester of pregnancy

Submitted: 7 months ago.Category: Employment Law
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Answered in 15 minutes by:
11/30/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,920
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. Normally, it is indeed legal for an employer to enforce an attendance policy when an employee has used up their paid leave and any FMLA they might qualify for. However, there is an exception, and that is under the Americans with Disabilities Act (ADA), which your pregnancy would qualify for, an employer must provide "reasonable accommodations" to an employee if they can do so without causing an undue hardship on the employer's business. That accommodation could potentially include a modification to an attendance policy.

Therefore, you may want to go back to HR, or your EO Department and make it clear to them that you are requesting a "reasonable accommodation" under the ADA by way of this physician's statement concerning your work hours and therefore a waiver of the attendance policy. If they still refuse to accommodate you without giving you "points" under their policy, then you can, if you choose, file a disability discrimination complaint either with the Michigan Civil Rights Division or the EEOC and might also want to sit down with a local employment law attorney to discuss your case for their advice as to whether they think you should let the agencies I mentioned try to resolve the issue, or file suit instead. The agency assistance is free, filing suit is not, so generally speaking in many cases, if it is possible, allowing the agency to try to resolve the issue is the best first move.

Here is a link to the EEOC's discussion of reasonable accommodations as they relate to leave: https://www.eeoc.gov/eeoc/publications/ada-leave.cfm

After you have had a chance to review that if you need clarification, please ask. If none is needed, then if you could take a moment to let me know that I covered your question and also leave a positive rating in the ratings box on this page for my efforts to discuss the law of the issue with you, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 30th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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