Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 15 minutes by:
11/30/2017
Employment Lawyer: Marsha411JD, Lawyer replied 4 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,768
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

Ask Your Own Employment Law Question
Employment Lawyer: Marsha411JD, Lawyer replied 4 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.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,768
20,768 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,768 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Will the EEOC reconsider a case if they initially find it
Hi will the EEOC reconsider a case if they initially find it inconclusive if ask and more information is provided. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
536 satisfied customers
Is it a violation of the ADA iof a covered person is
Is it a violation of the ADA iof a covered person is "treated the same as other employees"? … read more
Eric. Y.
Eric. Y.
Law/J.D.
58 satisfied customers
This is an ADA question. Would a back brace or medical
This is an ADA question.Would a back brace or medical corset be considered an accommodation if I could perform my normal job functions?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a letter from EEOC that dismal and notice to right
i have a letter from EEOC that dismal and notice to right for discrimination disability employment … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have lost my carreer due to disability discrimination. We
Hello, I have lost my carreer due to disability discrimination. We are now mediating to make me whole. I cannot work anymore and have retired SSI and disability retirement. I want to ask for backpay a… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
536 satisfied customers
How can I file a quick EEOC complaint? Management will not
Second opinion] How can I file a quick EEOC complaint?… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
119 satisfied customers
I just sent in an EEOC complaint regarding something that
Hi, I just sent in an EEOC complaint regarding something that happened over ten years ago. I was told a few years ago that my boyfriend got my boss to fire me because we broke up. The boss is an attor… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Is it a violation of ADA rights if I reported a recent
Is it a violation of ADA rights if I reported a recent diagnosis of carpal tunnel syndrome and due to the extensive typing I perform as part of my job duties, I requested accommodations such as speech to text software ($250) and an ergonomic keyboard ($46.99) and after difficulty with obtaining the items, I filed a workers compensation claim and was put on involuntary sick leave … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am currently on FMLA for a problem with my vertebra in my
I am currently on FMLA for a problem with my vertebra in my neck which prevents me from lifting or holding my arms at shoulder height. My FMLA is over April 1. Unfortunately, my doctors are not going … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a situation at work regarding ada discrimination,
Second opinion] I have a situation at work regarding ada discrimination, harassment, and other issues pertaining to my job. I am being singled out. I am facing termination from my employer. HR is inve… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I currently have intermittent fmla. I was denied my fmla to
I currently have intermittent fmla. I was denied my fmla to be consecutive said i didn't give them the paperwork they needed however I was never contacted about anything concerning my request. Can the… read more
Marsha411JD
Marsha411JD
Lawyer
20,768 satisfied customers
ADA Accommodation, is it something like FMLA Act. Pass to
ADA Accommodation, is it something like FMLA Act. Pass to protect your job and rights, when need Accommodation due to a work injury once FMLA is used up.is there a time limited for ADA Accommodation b… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,789 satisfied customers
I have a question about disability discrimination in the
I have a question about disability discrimination in the workplace. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,789 satisfied customers
I qualify for ada Accomodations. High level of stress and
I qualify for ada Accomodations. High level of stress and anxiety lead me to nearly killing myself and attending a mental health intensive care program for 2 months. During the two months my psychiatr… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
My fmla is almost over now im filling for ADA and thay are
My fmla is almost over now im filling for ADA and thay are giving me a hard time we have to see about your position I dontvthink you be able to come back to work because of your surgery. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,878 satisfied customers
I have ADA accomodation and intermittent fmla. I also go to
Hi, I have ADA accomodation and intermittent fmla. I also go to school and take classes online. I have lupus/arthritis. My doctor said it was fine to use fmla while going to school because of differen… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,297 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x