Pregnancy

[dadinMS]

What is the name of your state (only U.S. law)? MS

Hello all.

My wife is currently 24 weeks pregnant. She is a hospice nurse. She has been with her company since November 5, 2013, so just about 6 months.

I know she doesn't qualify for FMLA since she hasn't been there for a year, but can someone help me understand the Pregnancy Discrimination Act of 1978?

My wife is starting to have some pregnancy related problems and fears that her doctor may put her on bedrest soon. We're not so worried about they money if she has to go on bedrest. It will be tight but we can make it on my income alone. However, I don't have health insurance available and my wife's employment is our source of health insurance.

What protections does the PDA offer in the event that she can't work because of her pregnancy? Would she be able to keep her health insurance? I realize that if won't be paid and that we would have to send a check for the premiums, but would it be at the same rate it is now? Or would it be at COBRA rates, which I know we won't be able to afford.

Any info that anyone can provide will be greatly appreciated. Thank you!

 

[OHRoadwarrior]

http://www.eeoc.gov/laws/guidance/subject.cfm

This should help.

 

[cbg]

The PDA basically promises that she cannot be treated differently than other employees because of her pregnancy. It does not guarantee time off or job protection; it says that she gets the same time off or job protection as a similarly situated employee who has pneumonia or needs back surgery. If that hypothetical employee would get her health insurance continued at regular rates and six months off, then so does your wife. If, however, that same hypothetical employee would get two weeks off and have to pay COBRA rates, then that's what your wife gets as well.

 

[dadinMS]

The PDA basically promises that she cannot be treated differently than other employees because of her pregnancy. It does not guarantee time off or job protection; it says that she gets the same time off or job protection as a similarly situated employee who has pneumonia or needs back surgery. If that hypothetical employee would get her health insurance continued at regular rates and six months off, then so does your wife. If, however, that same hypothetical employee would get two weeks off and have to pay COBRA rates, then that's what your wife gets as well.

Thank you so much! Next question...how can she find out how those hypothetical situations are handled by her company? Should that be outlined somewhere in the company's policies and procedures?

And how does light duty come into play? She really doesn't want to go on full bedrest and wants to continue working. But the pace she is having to keep is really taking a toll. She's pretty confident that she could continue working with a reduced case load and/or shortened work days. If her OB agrees and puts these restrictions in writing, does her employer have to accommodate them if they would for say, someone who had back surgery? And should that be outlined in the policies or procedures?

 

[cbg]

When we start getting into light duty it's a bit more complex. Let's start by a reminder that there are no circumstances whatsoever under which an employer is required to provide light duty. Ever. No matter what. In like fashion, an employer is never, under any circumstances whatsoever, required to create a job within the restrictions of an employee. That is not required by any law; not the PDA, not the ADA, not workers comp laws, nothing. An employer is free to have their own light duty policies.

The problem with demanding equal time for light duty is that there is generally only so much light duty to go around, and not everyone is qualified to do all forms of light duty that come around. Additionally, not all forms of light duty are appropriate for all situations. Dusting the furniture might be considered light duty in some situations, but that's not necessarily going to be good for your wife either.

So no, there really isn't any requirement, even under the PDA, that if an employer provides light duty for one he has to provide it for all.

As for what the policies would be, the best way for her to find out what her employer's policies are is to ask them.

 

[commentator]

And if the doctor were to put her on full bed rest, or light duty, and they felt they had no light duty for her, and told her to go home, she would not be able to draw unemployment benefits either. For that you have to be fully able, available and actively seeking full time work. So unless she has been released by her doctor as fully able to work, say after the baby is born, then if they do not want to re-employ her, she may be able to receive unemployment benefits.

If your wife is, as you say, 4 months pregnant, the employer is likely aware. If not, she should make them aware, very soon, and should be working with them as soon as possible, including letting them know the possibility she will be on bed rest or will have to have a light schedule to continue working. Is she having difficulties with the work, missing time now?

If she is a wonderful employee and they'd really like to keep her, have her come back to work after she's been out to have the baby and she wants to come back, they may be willing to work with her. You don't have legal backing to go in and demand that they do this and this and this for her, but then they aren't forbidden to do it, either, if they wanted to.

Meantime, have you done any research about possible other insurances, if COBRA were her only option with the insurance she has now? I understand that pre-existing conditions aren't disqualifying now, that includes pregnancy, doesn't it? How about trying to see if there is some affordable insurance that you could get as a family if she does lose her job due to complications of this pregnancy?

 

[dadinMS]

Update....my wife went to the doctor today and the doctor is putting her on partial bedrest. The doctor said she can work half days and then had to go to bed for the rest of the day and evening and weekends.

She brought the doctor's orders to her boss and they agreed to work around it and let her work half days. She's a home hospice nurse so she was already basically setting her own schedule anyways. They redistributed the patient load and gave some of her pts to other nurses and let her keep a light load and if she finishes those visits and still has time she can fill in for other visits or help the secretary in the office. The plus is that the nurses there are salary so she'll still get paid the same and keep her benefits. Thank God.

Thank yall for your help!