June 2015 Moms

Work Issues

I never start threads on here but I'm so annoyed with work I just had to. Is anyone else having issues at work related to their pregnancy?
I work in pastry and I'm on my feet all day. I wake up at 1:30 am to get to work. I had been doing great, some back pain and tiredness, but pretty good. The past couple weeks have been really hard. Swollen ankles and a lot of pain in my feet. They constantly tell me not to lift anything and I try not to, but my boss refuses to help me lift so sometimes I have to search for someone just to lift something. Half the time I swear my boss is running around like a deer in headlights.
I recently asked if I could change up my schedule a bit. Either have a later schedule a couple days a week or maybe work 2 half days a week plus 3 full as opposed to 5 full. Those ideas were shot down. I told them in this meeting that working no more than 8 hours should really help along with being able to sit ever few hours. Ever since that meeting they seem to be purposely keeping me there 9-10 hours and when I ask if I can sit down they refuse. I feel like they are trying to get me to voluntarily quit. I work for a college and I can technically go on unemployment for the summer when they are closed. If I voluntarily quit, that's not an option.
Has anyone else experienced stuff like this at work? Can they do this to me? I know I just vented a ton but any advice would be great.

Re: Work Issues

  • Labor laws vary by state however most company's will help out during pregnancy and or any other problems. You would have to read up on any policies your company has and also the laws in your state. Though unless you have a doctors excuse there is not any reason they should treat you differently then anyone else. Most people can do everything they normally do before they got pregnant including lifting weight. With that in mind you might want to get a doctors excuse and maybe that will help you out. If not invest in some new shoes with good insoles and try to rest while your not working.
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  • I'm sorry your dealing with this! No real advice besides maybe getting a doctors note so that they have to comply.

    I have been having issues at work as well. For me I am the assistant produce manager and one of the only female assistants in the company. So they haven't really had to deal with pregnancy before so there's no real way of them realizing how much I shouldn't be doing and they expect it to all be done. I am 26 weeks and still going strong at work but like you said being on my feet all day and having to lift many things or break down loads where items are 50+ lbs sometimes it's too much. But when I bring this up even though I have a doctors note they just give me a blank stare. I feel bad for my manager because he knows he's going to be screwed when I can't be lifting anymore and will only be able to do cut fruit but it's the reality that is coming fast store managers need to realize. Ugh sorry for my rant.
  • CanmuCanmu member
    No, they can't do that to you legally, but it doesn't mean they won't try. Most women would quit instead of challenging them too! So many workplaces get away with illegal practices because people are afraid to stand up to them. However, I agree with a previous poster, get a doctor's note, they can't argue with or discriminate against you with that, as long as you have proof you can't stand or need to work shorter hours (which is only common sense for a lady 6-7months pregnant).
  • They have to make reasonable accommodations. Get a note and read up on Fmla and labor laws
  • This really sucks! I too worked in Pastry with my first so I know the limitations and the SWELLING. Omg the swelling. It was horrible. I agree with everyone else that you should get a doctors note and see if they will comply with your wishes to work the shorter hours and be able to sit down on occasion. Definitely educate yourself with the laws in your area so you have the info to back it up if they resist your requests. An informed employee is one with power.
  • I totally feel you. I bartend and work 9-10 hours on my feet. Usually without getting to sit down, or even get a break to have a 'lunch'. Only difference is that I don't work full time. But still, even for me after 1 shift I'm needing a day to recover my poor swollen feet, so I can't even imagine doing it 5 days in a row.
    I agree with PP, get a drs note to make them lighten your load a bit. Hopefully then they will give you shorter shifts or move you to 3 days a week or something.
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  • You don't just need a doctors note. You will need to fill out some actual legal paperwork. Specifically either paperwork associated with the fmla, or the ada.

    If you have an HR department or manager you need to have a meeting with them alone. Legally them talking to you is privileged so they can give you the paperwork and advice you need but can't tall to your boss about it.

    Be careful, legally they are only required to make reasonable accommodations that they would make for a non - pregnant employee. Like someone who was recently hurt or sick. Alternatively you can take unpaid time off up to 13 weeks including your maternity leave. You can use that time starting now if you want to work 4 days instead of 5 as an example.
  • Asking for reasonable accommodations that will enable you to get your job done is fine...depending on the company you may need a doctor's note or to consult with a lawyer for this to happen.

    However if you are physically unable to do your complete job with the accommodations, your employer can retaliate. For example, if you have to move to shorter or fewer shifts, obviously your pay will not be the same. If you are put on bed rest or truly cannot stand and standing is an absolute necessity of your position, you can be put on disability (which may or may not be paid leave depending on the company).

    Asking for frequent sitting breaks and to not lift heavy stuff is reasonable in most situations. As is moving to part time and taking a pat cut. But if you are actually unable to do your job at all, you can't expect to be paid. I mean standing all day sucks, but I know several moms who work in retail and continued working 40 hour weeks until they delivered. It's not impossible, provided that you aren't put on bed rest due to medical concerns, and provided that reasonable accommodations are made.

    You're pregnant, not broken. Most of what you did before you were pregnant you can safely continue to do unless there are medical issues with your pregnancy.
  • Thanks for all the replies! I think my biggest issue is getting used to waking up at 1:30 am every day. Yes I know it will be even crazier once the baby is here but my issue is I'm not tired when I should be going to sleep to wake up then and I'm wicked tired all day at work. I suggested that 2 days I week I work 6-2 instead and they said no.
    I did meet with HR and they told me legally they only need to accommodate my needs "if it works for the business." I've read the FMLA and PDA over and over and that just doesn't seem right but the HR guy said he talked to their lawyers about it and it is right... He also told me a doctors note wouldn't do me much good.
    I got a doctors note anyways today. She said I should get 3 15 minute breaks on top of my lunch (it's actually breakfast) break to hydrate and raise my feet.
    I do feel safe doing my job. I merely asked for some schedule changes cause it is getting hard and I think the hardest part is the hours. Not the length but the actual time of day. I've said over and over again to them that I'd rather keep working as close to 40 hours as possible. I just need to make sure I'm keeping hydrated and have some stretching time. They tell me they only have to accommodate if it works for the business.
    Just yesterday I asked for 5 minutes to grab a drink and stretch and they said no. Then other times my boss will come up to me and say "are you drinking? Do you feel ok?" They really do only worry when it's convenient for them.
    I won't say the name, but I work for a catholic college. I just thought they'd be a little nicer than this when I took the job.
  • I think you need to speak to HR again and ask to be put in contact directly with their lawyers so you can make sure that they understand the facts of your situation and exactly what accommodations you are seeking. Switching the hours that you're working (from morning to afternoon shift) might make you happier but it wouldn't satisfy any physical need that you have (b/c the nature of your "disability" is physical) so I don't blame them for not being willing to work with you there. REDUCED hours is a better argument but since your doc says that three 15minute breaks in addition to your lunch break should be sufficient, that's probably what a judge would find to be a "reasonable" accommodation.

    It sounds to me like your HR person is confused about when the business is required to extend the accommodations - it's not "if it works for the business" - employers don't get to be like "meh, we don't really feel like giving you your reasonable accommodation so we don't have to" (what would be the point of the statute if that were the case?). The standard for employers is that they don't have to make accommodations if doing so would cause an "undue hardship" - for example they don't have to take extraordinarily costly measures and they aren't required to make the absolute most-ideal-for-your-situation changes either AND, if they claim "undue hardship", they have to try to provide a less burdensome accommodation.

    If sitting down and elevating your feet a few times a day for 15 minutes would enable you to continue to perform the essential functions of your job, you should be able to be given that time. I would go back with your doctors note and demand that it be respected (Note: under the ADA, they have to keep copies of any and all requested accommodations for one year after you give it to them).
  • @Katerina&Baby this is all wicked helpful. Thanks!!!
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