C
CKdoubleU
Guest
What is the name of your state? South Dakota.
My wife became pregnant at the beginning of September 2002, and began having severe migraine headaches (which both her OB/GYN and a Neurologist determined that the pregnancy was the cause). She missed a few days work because of them in September, then became eligible for FMLA as of October 1. The migraines continued (and still do somewhat). Her OB doc gave her a note stating that the migraines were a result of the pregnancy, and aggravated by the night shifts she was working (my wife works a split day/night shift for a hospital).
Her employer told her that she needed a note from her doctor stating that she couldn't work any night shifts before they could do anything. Meanwhile she is continuing to have migraines, a few so severe that she needed IV fluids on two separate occasions (she couldn't keep anything down and became dehydrated). Because of how long it took her to get pregnant, she could be considered an at-risk pregnancy, and the hospital has accomodated two other employees in her department in similar situations.
Her neurologist wrote her a note requesting "that she refrain from working the nght shifts." Her employer stated that the note wasn't specific enough, as "refrain" meant that she just shouldn't, like she should refrain from smoking while pregnant (which she doesn't - just used as an example of their logic).
She has now used up 5 total weeks of her FMLA leave since October, has no paid time off whatsoever. If we could afford it, she wouldn't be working at all, but that's not the case. Before this happened, we made too much money to qualify for any kind of assistance, but we've exhausted our savings, and we on the brink of financial disaster (credit cards, losing our house, etc.).
This past Friday her neurologist finally wrote a note stating that she couldn't work any more nights. Her employer however, stated that because they couldn't accomodate the request, they were going to keep scheduling her for her regular shift, including nights. Furthermore, they were going to prevent her from working those nights (because of the doctor's note), and make her use up her FMLA time. So they're basically scheduling her to work a shift they won't let her work, which doesn't seem right. Is this legal? Are there any alternatives here?? Please help.
At this rate (she's due in May), she will have used all but a couple weeks of her FMLA leave by the time she delivers.
My wife became pregnant at the beginning of September 2002, and began having severe migraine headaches (which both her OB/GYN and a Neurologist determined that the pregnancy was the cause). She missed a few days work because of them in September, then became eligible for FMLA as of October 1. The migraines continued (and still do somewhat). Her OB doc gave her a note stating that the migraines were a result of the pregnancy, and aggravated by the night shifts she was working (my wife works a split day/night shift for a hospital).
Her employer told her that she needed a note from her doctor stating that she couldn't work any night shifts before they could do anything. Meanwhile she is continuing to have migraines, a few so severe that she needed IV fluids on two separate occasions (she couldn't keep anything down and became dehydrated). Because of how long it took her to get pregnant, she could be considered an at-risk pregnancy, and the hospital has accomodated two other employees in her department in similar situations.
Her neurologist wrote her a note requesting "that she refrain from working the nght shifts." Her employer stated that the note wasn't specific enough, as "refrain" meant that she just shouldn't, like she should refrain from smoking while pregnant (which she doesn't - just used as an example of their logic).
She has now used up 5 total weeks of her FMLA leave since October, has no paid time off whatsoever. If we could afford it, she wouldn't be working at all, but that's not the case. Before this happened, we made too much money to qualify for any kind of assistance, but we've exhausted our savings, and we on the brink of financial disaster (credit cards, losing our house, etc.).
This past Friday her neurologist finally wrote a note stating that she couldn't work any more nights. Her employer however, stated that because they couldn't accomodate the request, they were going to keep scheduling her for her regular shift, including nights. Furthermore, they were going to prevent her from working those nights (because of the doctor's note), and make her use up her FMLA time. So they're basically scheduling her to work a shift they won't let her work, which doesn't seem right. Is this legal? Are there any alternatives here?? Please help.
At this rate (she's due in May), she will have used all but a couple weeks of her FMLA leave by the time she delivers.
