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pregnant employee

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cayman791

Guest
What is the name of your state? Ohio

I have an employee, that is pregnant. I am a small retail business, which requires you to be on your feet all day, and lift items. My business has one salaried position, and the rest are part-time hourly, she is one. She said today that all she has to get is a note from a doctor and her position is secure. But she can not stay on her feet all day, and is not suppost to lift anything. What can I do?
 


Beth3

Senior Member
Your employee is badly mistaken. I guess she's thinking she's going to be able to sit around for the next few months and get paid and there's nothing you can do about it.

The relevant law here is the Pregnancy Discrimination Act, which requires that women affected by pregnancy and related conditions must be treated the same as other employees on the basis of their ability or inability to work. In other words, if a part-time employee employee with a medical condition other than pregnancy showed up with a note from their doctor saying they could not stand or lift for "X" amount of time, how would you handle it? As you are a small retail business, I'd guess you wouldn't have any other work that person could do. Your choices then are to extend a leave or terminate. I'm also guessing you busines is too small for the FMLA to apply, which effects employers with 50 or more employees.

Being pregnant does not entitle the woman to special treatment, just the same treatment another employee in similar circumstances would receive.

The only thing I don't have at hand is what size company (# of employees) the PDA applies to. If you're smaller than the requirement in the law, then you are completely exempt from the law and may handle this situation any way you please. If I can get that information, I'll post back and share it.
 

Beth3

Senior Member
Even the original text of the Pregnancy Discrimination Act of 1978 doesn't state what size employer it applies to but since the PDA is an amendment to Title VII (which prohibits discrimination based on race, gender, national origin, etc.), I think we can safely assume the same limits apply.

Title VII and therefore the PDA applies to employers who have 15 or more employees on each working day in 20 or more calendar weeks in the current or preceding year.
 
C

cayman791

Guest
Thank you for your reply. My company only has 10 employes total, 7 at a given time. So I don't have anything to worry about, Right? Ohio
 

Beth3

Senior Member
Yes, it appears you have nothing to worry about. Your company is small enough that Title VII and the PDA don't apply. Those are federal laws however; each State typically has it's own versions of federal law and employers are required to comply with both.

Just to be on the safe side, call your State Department of Labor and ask if there is a state version of the federal Pregnancy Discrimination Act and if so, what size companies it applies to. It's not likely to be less than the federal law though.
 
J

Joymindy

Guest
Hi, I agree with what's been said...temporarily I am working in retail...I like the management and may be doing management myself soon, as the other jobs I have been seeking have not turned out. Here's the thing...we have a pregnant employee who sat around for several hrs (she is due in 6 weeks) My thing is I am a lot older than her, and standing all day is exhausting for me- so whay can't I sit around for hrs and get paid the same as her? While I am sympathetic to her; it is not fair to the rest of us- and if it continues, she is making more work for us! I hope my manager says somthing soon!!
 

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