Discrimination?

horsevaulter

I am having the hardest time with HR where I work. Everything that I know I am entitled to, like FMLA I have to fight with her on. For the longest time she kept telling me that I don't qualify for FMLA because I am healthy but then arguing with her for almost an hour she said "oh yea it's easy just take this form to your doctor" I have wasted sooo much time in her office on every single pregnancy related matter it is driving me crazy!

Yesterday my Dr gave me a note to work reduced hours and discharge to home as needed... My supervisor has been working with me on everything and we decided I would leave 1 hour early everyday to see if that helps ease up my contractions. At first HR said ok and I would not be penalized in any way.  Now today, she changed her mind and said that I will have to go on FMLA and use up all my PTO... Ok so I have issues with that but not the end of the world I guess. But what really got me is she called my supervisor and now most of my job duties are being taken away from me and I am not allowed to be in a car or to be at any off site meetings during working hours because I am a liability (My main job is planning these events and being there to take minutes and make sure everything goes accordingly).. WTF!? Is she allowed to do that? I really feel like she is either really dumb or hates me and is trying to make my life harder than it needs to be...

 On a side note: My supervisor just had a baby and worked from home and was out from parts of August, all September, Oct, Nov and Dec. Supposedly I am not allowed to work at all from home even just the 1 hour per day.. 

tig594

Do you have any kind of employee handbook or manual that says anything about FMLA?  If so, get your hands on it.  Also, your company may pay an outside company to handle all the FMLA for it's employees.  Read the paperwork she gave you for your doctor to see if there is anything on there that might help you determine who the outside company might be (if there is one).  If there is, call them.  They should be experts on your companies FMLA program. 

I work in HR and it sounds like your HR rep is a bonehead.  Tell her to go take a Fred Pryor seminar or three.  : )

Good luck!

 

mben1119

Yes, if you are having issues with your pregnancy to the point that you need to leave early everyday, 1. you need to use FMLA (that is what it is for), and 2. they can change your job description and responsibilities. And your supervisor's situation is not your situation. You can't compare the 2, as your responsibilies would be completely different.

StarBe

sorry you're going through this - HR processes can be hard to understand.

Crazy if she does not have a good grasp on FMLA though!!!

Was it made clear you would be working from home one hour each day? the first part of your post made it sound like you planned to leave early (e.g. work 7 hours instead of 8). Not sure why you would not be able to work from home as long as your position allows for that type of flexibility. Otherwise FMLA would be taken and often time companies require you to use pto before FMLA...

Unfortunately, if a dr is limiting your work via a note HR needs to take into consideration you being a liability. Ultimately they want what best for you and more importantly the company. For example, if your driving to another site on company time and have a major contraction and get injured they my be liable.

On the bright side you have a job that even though they are being difficult at least they are being a bit flexible... some people do not have that luxury at all. Yea not what you want to hear but its the silver lining i suppose...

 

mrsmcdonald

It doesn't sound like discrimination; it sounds like they are following FMLA guidelines and taking into consideration your doctor's note, which states that you cannot work to the full capacity your position requires. You can't expect to get special accommodations for pregnancy without having to make some concessions yourself.

dande2129

mrsmcdonald:

It doesn't sound like discrimination; it sounds like they are following FMLA guidelines and taking into consideration your doctor's note, which states that you cannot work to the full capacity your position requires. You can't expect to get special accommodations for pregnancy without having to make some concessions yourself.

This.

No, they can't outright fire you for being pregnant, but they also have a business to run and if you can't perform your duties as expected, then they can take said duties away or modify them as needed.

All FMLA guarantees is that you can take medically excused, unpaid time off without automatically losing your position, but it doesn't mean that loop holes don't exist. 

MexiCali

I am sorry, but I agree with the people. You can't pick and choose when you want to have issues, not when your company has a notice from your Dr. You also have to use your FMLA for the hours you are missing or they can declare you unfit for the position and let you go. FMLA is only to secure your job and that is what they are doing. You are not able to fully do your job. They are actually covering your butt.

letzgoracing81

How frustrating!   It kind of sounds like she met with you...did not have all the facts straight....then went and did the research AFTER your meeting.  Nice....that helps you understand the process SO MUCH more clearly.

I would advise you to have another meeting with her so she can explain all these other changes to you.  This is all stuff she should have covered in your last meeting....but failed.  She should help you understand WHY you might be considered a liability...you also need to find out if the the PTO use is really necessary or as OP pointed out.....you would be covering your hours from home.

To be honest....it doesn't sound like Discrimination....just a HUGE break-down in communication on her part.

horsevaulter

It is definitely issues with communication. It really frustrates me since I have met with her numerous times and EVERYTIME I meet with her things always change later. The only reason I feel discriminated against is because I am like the 5th person to be pregnant in the past couple years and none of them had any of these restrictions.. And for them to all of a sudden tell me that I cannot ride in a car, or attend a meeting on campus (where I would be sitting down) really got to me. Also my supervisor and I basically have the same job, in fact I took over her entire position since before September and now that she is back I am still doing the same things.. She is my supervisor because she has more experience. Just annoyed with the whole situation....

amberrae45

That's a sticky situation. I would go above her and ask about the companies policies for FMLA and maternity leave.