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What are the rules of an employer sending a pregnant

What are the rules...

What are the rules of an employer sending a pregnant employee in early leave stating that they can not accommodate them when the the only restriction was not to lift more than 15 lbs from the ground .

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

It was the statement given from HR

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

I'm not sure. I am the mother and my daughter is pregnant with her first child due in August. She's starting to stress really bad, has been off work since April 12, because HR said they couldn't accommodate her on the job and it has been a on going situation since. After speaking with my daughter this morning I can feel the tension through her tears and nose blowing. I am here from Louisiana because of my own medical issues that I have been going through for nearly three years.

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

Yes ! My daughter and her husband are about to celebrate their second anniversary on April 30th. He works for an imaging company doing X-ray and MRI, and she worked at a different facility doing X-ray and CAT scan. Before the notice from her physician for normal work days, M-F , 8-5 pm, HR had already started to lean on her on the job. To my understanding and rememberance the discussion of work hours had been discussed before she knew she was pregnant. The hours were never implemented. Plus everyone in the department works together as a team to get everything done, yet they refused to consider the issue. I am not a meddling mother. Just concerned. The people that are in charge have told her she has until April 30th to have this situation settled for them or her case will be dropped and she's thinking that she won't even get her 60% of her wages that she was told she'd be getting on the early leave. I'm trying to get answers to get the stress off my kids. Thanks for listening and please help me if you can.

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Answered in 3 hours by:
4/22/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I’m sorry to hear about your daughter's situation. Under the Americans with Disabilities Act, employers are required to provide their employees with reasonable accommodations. According to the U.S. government:

“A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.”

In your daughter's case, if the only restriction was the lifting of 15 pounds, and if her job wasn't specifically to lift 15+ pounds on the regular basis, then it is likely that they discriminated against her.

If an employee feels as if they have been discriminated against, then they can file a discrimination complaint with the Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
If the company( that is over her short term leave) gives a deadline of April 30 for the claim to be approved so that she can receive her short term leave pay, says that if the deadline isn't met she will be denied that right and won't receive pay. Claim was opened on the April 9. Do they have the right to deny pay after the HR department has taking her off work not being able to accommodate her on her job.

So, you're saying that if the employer doesn't approve the claim by 4/30, they're saying they won't pay her thereafter, correct?

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Customer reply replied 3 months ago
I paid for the initial fee, we can't afford to pay anymore money, we just wanted to know our rights and how to proceed. I'm now at my daughter's house so she can answer all your questions.

I'm sorry. You can ignore the phone call. Did you get a chance to see my latest question to you?

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Customer reply replied 3 months ago
I saw your question, and yes. I haven't been at work since April 9.

I see. Ok, so if that is the case, then it is illegal. If you're employed and working, then they must pay you. They are required to approve any leave within a reasonable time, but that's only assuming you don't fight them on the reasonable accommodation issue, which I think you should. You could probably tell them that unless your job specifically requires 15 pound lifts all of the time, then you should be able to work. Also, you should explain that their failure to properly approve or deny the FMLA within a reasonable time is a violation of the FMLA and they can't refuse to pay you if it's not approved on some magical timeline that they have imposed on you.

What other questions did you have for me regarding this today?

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Customer reply replied 3 months ago
Ok, I understand. I didn't fight them on the accommodation request. Also I haven't worked at that company for a year it will be a year in July.

I see what you mean. Well, I think that what's important to know is that they still have to approve soon. It seems like they're trying to cut you off unlawfully, but remind them that the dept. of labor is on your side in this situation.

Did you have any other questions for me regarding this today?

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Customer reply replied 3 months ago
Thank you I will keep you in touch.

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