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August 2011 Moms
Feeling forced to choose between the safety of myself/child and losing my job, Vent.
Balancing my job with being pregnant is probably what I'm struggling with the most. My job has been planned from day 1 to be a temporary one. I'm in college and it's a good job that works well with my schedule to get through school. It's a slightly physically demanding job but it was doable before I got pregnant. You don't get lunch breaks and you work your entire 8 hour shift on your feet.
But since I got my BFP I realized that this job is not made for pregnant women. They have a "No restrictions" policy so I can't tell them that I can't lift 50 lbs or they will not schedule me until my restrictions go away. So I'm biding my time. They also are treating me like crap because I am having complications and pain from standing so much so I'm unable to come in and work for others who call in. They've also been giving me a hard time about my dress code recently. We are suppose to tuck our work shirts in to our pants. Well my old night manager never did while she was pregnant and it was accepted and never a problem. Now they're saying I have to tuck my shirt in(after over a month of me not doing so and it not being a problem) well that's a tough thing to do with the elastic band on my maternity pants. And even if I do how many maternity pants do you see that have belt loops? I have to wear a belt so even if I did tuck my shirt in, I would still be breaking dress code without a belt.
It's absurd that they don't have any understanding that I'm not being lazy or unproductive, I'm pregnant. I'm constantly in fear of losing my job. Daily. And to make it better I just found out we have a new Store Manager starting today who is a mega b*tch, so I can only imagine the hard time she is going to give me.
I just don't know how to handle it because the night manager I'm working with is very good to me. He does all the heavy lifting that the previous store manager and other managers want and would have me doing, and he is ok with me sitting down whenever I need to. So I don't want to cause too much trouble with this dress code business or anything out of fear that these rule breakings(of him doing these things for me instead) are going to start getting noticed and they're going to try and force me to do it, which would mean I would either have to do it or be jobless.
It's just scary. My fiance just got a second job and for now I can't quit but we're going to try and see if I can in the beg. of June that way I can take care of myself and we'll be tight on money but be able to do it fine.
It's just...that's 2 months of this worry and crap I have to go through.
This discussion has been closed.
Re: Feeling forced to choose between the safety of myself/child and losing my job, Vent.
I live in Georgia, I don't know a lot of legality involved but I've been told that we are a "right to fire" state. So they can pretty much fire you for any reason. Also, they don't fire you when you say you can't do something, they just don't give you any hours until your restrictions go away--therefore you're pretty much forced to quit.
That really sucks. I tend to think dress codes are ridiculous anyway, but especially in this case! I mean, is there no other alternative they can think of to having to be REQUIRED to tuck your shirt in and wear a belt? It seems that they should have to be a little understanding due to laws, but I won't reveal my ignorance by going into it too much. I really don't know much about pregnancy rights. But it seems there should be something to protect you, at least from the lifting part. They shouldn't be able to terminate you for not being able to lift due to your condition, right?
Anyway, hang in there! And in the meantime, could you look on a job website to see if you can find another flexible job that works with your schedule and has comparable pay but that is easier to perform while pregnant?
Well they won't fire me, they just won't schedule me for any hours until my restrictions are gone. Pretty much forcing me to quit. And I've been looking for other jobs but the problem is is that I'm the editor in chief for my campus newspaper therefore I have to have Mon-Fri open all day long to be accessable for school. So this gas station I work at is perfect for me because it means I can work nights and it pays a dollar over min. wage so working only 20 hours a week isn't as bad as it would be if I was getting minimum wage. I really can't find anywhere that works with my school availability by being able to work nights or anything
I have no clue, I've been told by my previous pregnant night manager and my previous store manager to NEVER tell my corporate managers that I can't do this or that. Supposedly one girl who use to work there who was pregnant told them she couldn't lift something and they did the same thing and she was forced to quit. She's been suing them for the past few years. So obviously nothing is coming out of it
they need to work with you on the dress code.
But in all honesty, you're pregnant. You can lift. If you were lifting 50 lbs pre-pregnancy, you're not going to die lifting it while pregnant. I worked until 37 weeks with DD, and I was helping lift patients all shift. Most were over 200, some were over 400 or even 500.
And they are required by federal law to give you a lunch break. For every 8 hours you work you get a half hour unpaid meal break. You also get one 15 minute break (paid!) for every 4 hours you work.
My doctor told me I need to be careful with what I lift because of my sciatica and bleeding problems I've had.
And that's what I thought about the lunch break. I don't know how they've gotten away with it this long.
From what little I know of the laws regarding this (which is not much...I was a workers' compensation attorney) pregnancy is protected when it comes to discrimination. Not giving someone hours because they can't perform the job duties is a different story. I could be wrong though!
Sorry...wish I had something better to add! Would you qualify for unemployment or any sort of disability? Take care of yourself...even if it means having to withdraw for a semester or stepping down as editor.
if your OB is saying you can't do your job, then they need to help you file for disability. And if you're working even though your OB has said not to, that's putting your employer in a REALLY bad spot.
Your job is only required to meet restrictions if those restrictions are because of a work related injury. I broke my wrist the winter we got engaged. I was off work for 12 weeks. It totally sucked to not get paid, but since I couldn't lift, I couldn't work. When I hurt my back on the job, they were required to find me something to do or pay me to stay home.
Well my OB has said I can work, I just can't lift things as heavy as I would be before. And yeah, I hate these restrictions. It puts me in such a weird position. I know why they do this but it puts me in such a confusing spot.
Where did you get this info? Per the U.S. Department of Labor's website "Federal law does not require lunch or coffee breaks." https://www.dol.gov/dol/topic/workhours/breaks.htm
all of the OSHA posters at my employer (when I was working) stated what I posted above.
I use to work in retail at Sears and that was what was required. I always assumed it was required of everyone but if my work can get away with it, it isn't some mom and pop little gas station, then I'm sure there's a loophole or something that prevents them from HAVING to do this for whatever reason.
Per federal labor law, any shift of 6 hours or more is required to have a 30 minute lunch break...does your company not know that you can sue the ever loving crap out of them for that?! Not to mention you can also file a discrimination lawsuit and an EEOC complaint if they "force you to quit" by killing your hours. I'm surprised they've managed to get away with this for so long!! I know you need the job, sweetie, but is it REALLY worth risking your health or the health of your baby?! God forbid something happens...
Allow me to correct myself now that I looked it up: federal law simply defines the difference between a "rest period" of 5-20 mins being something that is compensatable, and a "bona fide meal period," which is typically 30 mins, and doesnt require that you be paid for it. How long you have to work in a shift in order to get said breaks is up to a state or local agency. Colorado labor laws require that anything over 6 hours gets a 30 minute lunch. Georgia may not have the same requirements...however, per OSHA standards, employers DO have to allow you to at least eat, even if it means eating while working.
I stand corrected.
I live in Georgia too and I have never hear of "right to fire". Either way there are federal laws that protect you!!
Check out https://www.naalc.org/migrant/english/pdf/mgusawpr_en.pdf
just a few clips I found very interesting!
In two states (Georgia and Minnesota), employers must provide break time and a
private place for mothers who need to breastfeed their infants or to express breast milk.
? Your employer does NOT have the right to discriminate against you as a pregnant worker, even if your job requires you to do paysical labor.
? If you are still able to perform your job well, then you have a right to keep working.
? Your employer may not dismiss you or force you to take leave unless you agree that it is necessary for your safety and the safety of your unborn child.
Remember: you have the right to ask your boss to put you in a less demanding job or to give you lighter duties if your employer has done the same for other workers with temporary disabilities.
actually ALL employers are required to do this now. It's part of the new health care reform that went through. They're required to provide the time (though it does not have to be paid) and a place (that can not be a bathroom) for up to a year after baby is born.
I think what she means by "right to fire" is "at will" which Georgia is.
"EMPLOYMENT AT WILL
Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause or no cause at all, so long as it is not an illegal cause."
https://www.sos.ga.gov/firststop/georgia_employers.htm
I'm going to speak to a friend of my mother's who is a judge out here and get his opinion on the matter. Because there is just too much that feels wrong about the situation. And they state they have no "light work." A manager of mine broke his leg when it snowed and iced out here real bad last and he has just come back after being out of work for forever. Even though he was able to work and just walk slightly slower with a boot on his foot, they wouldn't allow him to come back until he was completely back to "normal" in their standards.
It's Racetrac where I work.
My fiance looked into it and I would be considered to have temporary disability being pregnant but they have to have done this for others with temporary disabilities, which they have not. So I'm SOL pretty much.
this. I'm guessing you didn't ask your employers' permission to get pg (obviously) so it's not like they've had any say in how it's affecting your job performance. You work there, and there are rules/regulations--if you can't follow them, you need to quit/take a leave of absence. If you've been there long enough, you could try looking into FMLA, but that will only cover your job for a few months I believe. Otherwise, it sounds like you are going to have to suck it up, and do you job duties. I've been there--I was pg with DS while working at a bank and I was throwing huge bags of coin around the vault--that weighed 30-40lbs--all after having a major chest surgery where I was on a lift restriction for 6 months. It sucks, but we are offered jobs where it's understood that we will meet certain requirements.
Wow...I was just going to say it must be Racetrac...I too work at Racetrac and I am a manager...Racetrac is not Prego friendly at all... I have to work 11 hour days 5 days a week because we are so busy... Here in Texas if you get a note from your doctor and send it to the lady in the benefits department they will lay you off but depending on how much you made you can get unemployment...How long have you been there? Call the Benefits dept and your OS if your Store is treating you bad you should contact you OS because they have to abide by ANY AND ALL restrictions....
I actually feel so much better after speaking with my new store manager. She is completely understanding and supportive. Thanks for the support. I don't want to bite the hand that feeds me, ya know? It's really just all the uncertainty that makes me so nervous.