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Babies: 0 - 3 Months
Will not let me take six weeks off (vent)
So a couple months ago, back on 3rd tri, I posted how my work forced me to start maternity leave at 32 weeks, due to a 15 lb weight lifting restriction.
So I got a call from my manager today, telling me if I'm not at work on Monday, my job may not be there for me to come back to. Oh, and since I will only be 5 weeks out from my c section, I will need a drs note saying I can work and lift 50lbs. I am beyond pissed. Daycare won't accept DD until the next week, since she won't be 6 weeks old yet. STD said they will pay me until my 6 weeks is up, but my work does not really care, they said that does not matter since my FMLA is up.
So they make me go on leave early, and make me come back early???!!!! I had her at 39 weeks, what if I would have had her later, at like 42 weeks, then they would make me come back with a 3 week old???
And its Thanksgiving week, so they are going to post my position, if I don't work the two days i would be scheduled that week?? They can't wait and let me come back the 30th like was planned!
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Re: Will not let me take six weeks off (vent)
Matthew Kevin
7/31/83-7/20/11
Met 1/8/00
Engaged 4/21/06
Married 9/29/07
Two beautiful legacies: Noah Matthew (2 yrs) and Chloe Marcella (8 mos)
Day Three
BFP 12/19/08- DS born 8/25/09 9lbs2oz via Zavanelli Maneuver
BFP 8/26/11- Missed miscarriage discovered 10/19/11 at 11w2d, measured at 9 weeks gestation w/ no HB. D&C 10/21/11
BFP 3/17/12 at 12dpo CP 3/21/12
BFP 4/23/12 at 10dpo Stick my little one! Beta #1: 83.3 @ 13dpo Beta #2: 197.7 @ 15dpo
Our little man is getting bigger every day!
My BFP Chart
Annelise 3.22.2007 Norah 10.24.2009 Amelia 8.7.2011
I think you missed you chance to fight this when they forced you to take early maternity leave. Everything else is by the rule book. You get 12 unpaid weeks, that's it.
Of course most employers would try to work something out. Your company sounds shitastic. Do you actually have to lift stuff for your job? The library has a job description clause for everyone that mentioned lifting up to 15 lbs or something. If someone was pg or injured though, staff would work around it. Like the only person whose job would seriously be hindered by that would be the delivery guy.
I went back and found your OP about work making you take time off.
Here it is for those looking for it:
https://community.thebump.com/cs/ks/forums/thread/21760498.aspx
My DH deals with legal issues all the time and I ran this by him. He spoke to his employment lawyer, who said this:
It needs to be established who required you leave work at 32 weeks; your employer or a doctor. If your employer required you to do that, outside of a doctors advice or direction then they operated OUTSIDE of the FMLA requirement. If a doctor required it at 32 weeks, then that's when your clock started for your FMLA. Only a doctor can determine the time off, not the employer.
You work should have accomodated you when you told them you could only lift 15 lbs.
The lawyer also asked how others were treated who have been in a smiliar situations. If others have been treated differently (read: better) then they are discriminating against you for being pregnant.
Basically, when you report back to work with the weight restrictions you are going to have, they HAVE to accomodate you and put you on lighter duty. They cannot fire you for needing a reasonable accomodation.
I hope this helps. I'm sorry this response is so late, I wanted to run it by Pat when he got home.
My manager asked me back at 28 weeks if I was on any restrictions, I kept putting him off, finally I asked my Dr if I should be. My dr said no lifting greater than 15 lbs, as I had already been in PTL, so she wrote me a script for light duty. When my manager saw the script, he said I needed to take leave now. I asked HR, and they said I would have to apply for a different job, and be hired into it and work that job if I wanted to keep working. They also said I would get 6 weeks for a vadge delivery and 8 weeks for a section. So I did not apply for another position, I went ahead and started leave thinking that when she was born I would still get my full maternity leave. My manager called me today, told me I needed to be at work next week, and that I could not have any restrictions, or I could not return until they were lifted, and that my job would no longer be protected. I am a nurse, and work in a large hospital, in a team leader position, in a very good position, which I don't want to give up. I also don't want to leave DD this early and I think this is bs. My DH has been a manager of different companys, and he thinks that this is legal, and they are just protecting themselves. I think its unfair, because if you ask any pregnant woman to get a note for lifting restrictions from there DR their Dr is not going to approve 50lbs, and therefore, every woman in my dept that is pregnant is going to have to go on leave. I am the first one forced to go on leave, I work mostly with women, and I have never heard of another one asked to leave early, or asked for restrictions. Sorry, vent over for now.