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ninquelote

Junior Member
What is the name of your state? California

I have been with my current company 18 months and work an average of 5-10 hours of overtime per week, some weeks between 15-20 (I have also worked many hours of unpaid/undocumented overtime on weekends, through lunches, etc.). When I was hired, I was told overtime was not mandatory and was led to believe it would not be a constant necessity. It has been sustainable thus far (although I have been seeing a therapist for stress management for a year now), however I am now 5 months pregnant and my doctors have mandated that I keep to a 40 hour work week. My employer has verbally expressed concern and desire to cooperate, however in the 3-4 weeks since this came about his actions and expectations have been unaccommodating. My therapist and OBGYN are threatening to put me on leave (I'm assuming FMLA?) if I cannot manage to decrease my hours to a normal 40 hour work week, but I work in a very competitive office supporting a driven executive with high standards and am unable to fulfill his expectations within an 8 hour day. I am afraid I will have to start simply leaving after I have worked my 8 hours whether the work is done or not and am afraid I will suffer repercussions as a result. What are my rights given that I have a doctor's note mandating the 40 hour work week? I am growing weary of having meetings with my boss to discuss the issue but seeing little to no change afterwards. His solution is for me to find others in the office to help complete the extra required work, but it is being left entirely up to me to seek out this help and whether or not others can help me is completely determined by whether they have capacity or desire to do so; I have no superiority to require them to do it.
 


moburkes

Senior Member
What is the name of your state? California

I have been with my current company 18 months and work an average of 5-10 hours of overtime per week, some weeks between 15-20 (I have also worked many hours of unpaid/undocumented overtime on weekends, through lunches, etc.). When I was hired, I was told overtime was not mandatory and was led to believe it would not be a constant necessity. It has been sustainable thus far (although I have been seeing a therapist for stress management for a year now), however I am now 5 months pregnant and my doctors have mandated that I keep to a 40 hour work week. My employer has verbally expressed concern and desire to cooperate, however in the 3-4 weeks since this came about his actions and expectations have been unaccommodating. My therapist and OBGYN are threatening to put me on leave (I'm assuming FMLA?) if I cannot manage to decrease my hours to a normal 40 hour work week, but I work in a very competitive office supporting a driven executive with high standards and am unable to fulfill his expectations within an 8 hour day. I am afraid I will have to start simply leaving after I have worked my 8 hours whether the work is done or not and am afraid I will suffer repercussions as a result. What are my rights given that I have a doctor's note mandating the 40 hour work week? I am growing weary of having meetings with my boss to discuss the issue but seeing little to no change afterwards. His solution is for me to find others in the office to help complete the extra required work, but it is being left entirely up to me to seek out this help and whether or not others can help me is completely determined by whether they have capacity or desire to do so; I have no superiority to require them to do it.
They have to treat you the same way they'd treat any other employee who isn't pregnant. Yes, they must be referring to FMLA. Without the protection of FMLA, they can fire you for not working the overtime.
 

gbossert

Junior Member
I did some research for my wife who works in NJ about a year ago. She was in the same situation, pregnant and required to work overtime. From what I read, she could refuse to work the overtime but they could fire her for it. Apparently employment at will really exists in NJ. Don't know if California is an employment at will state.
 
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cbg

I'm a Northern Girl
The only state that is not at least nominally at-will is Montana, and even Montana recognizes the at-will doctrine in some situations.
 

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