pregnancy at work?

StrappinArrow · February 2016

So I've lost 6lbs in the past month...I'm almost 10wks now. I'm alwaysssss hungry.

I've been bringing a bagel, a little bag of cheezeits and a clementine to work that I pick on & usually have finished after 7hrs. I work in a deli which doesn't help. I'm either gagging because of the smell of bacon or if something smells goo.ld...I get really hungry.
Mind you in an 8hr shift I used to be able to just drink a breakfast drink throughout & I was fine. That was my breakfast. I get up so early that eating at home isn't an option unless I cut more sleep out of my schedule (up at 3:30am).

Technically we are allowed to eat at work we just have to keep it out of sight of customers. So whenever I go to the back room I stop & take a bite of my food. Last week we got really busy & I had been trying to get a snack in for over an hour. ...two hours later my knees were shaking & by the time I was able to eat I was so sick to my stomach it got puked back up. Normally time for snacking isn't an issue BUT my boss had been getting annoyed with me. Shes yet to say anything but I can tell she's getting annoyed. It's not affecting my job any or really taking any time from them. I can't tell her I'm pregnant yet because it's still a secret among family and she is good friends with my aunt.

If she does say anything would I be able to get a doctors note saying I have to snack?

Also, I am looking for a new job so how would I go about telling potential employers? I'm not looking for paid maternity leave, it would be nice if I still had a job to come back to after but if not that's okay too I'll find something.

Any thoughts?

1faceinacrowd · February 2016

About your current work situation - You should absolutely tell her that you have a recently diagnosed medical condition that requires you to take breaks and eat snacks and a doctor would definitely write you a note if you need it. When you do announce it later, it'll all make sense to her. For right now, you need to make sure you're getting enough food and staying hydrated and it doesn't sound like you're able to do that right now.

As for prospective employers... personally, I wouldn't say anything about the pregnancy to them. You are not required to disclose your pregnancy until you take leave. There's no reason to bring it up in an interview, unless you want to. IF you do want to bring it up, I'd just let them know that you absolutely plan to return to work after leave, and you're very dedicated to learning the new job and succeeding. They're not supposed to make hiring decisions based on you being pregnant, but there's really no way to know if they do, so be mindful of that.

flowerpower5838 · February 2016

I don't really have any advice for your snack dilemma, but I do want to say that at this point, if you switch jobs there is absolutely nothing to protect your job while you are out on leave. FMLA only applies for people that have been at their current jobs for 1 year+. I'd think most employers would be accommodating, but that's just my assumption.

If that possibility is cool with you, definitely look for something new! You never know what kind of possibilities are out there. Also, don't feel obligated to tell a future employer that you are pregnant. You don't have to disclose that information and they are not legally allowed to ask you. Good luck!

SuperKristy85 · February 2016

I would probably have a discussion with your boss letting her know that you're experiencing a medical condition that is requiring you to eat more/ need extra small breaks. It does sound like you're not eating enough. Surely you get a lunch break, right? As for a potential new job you do not have any obligation to tell them at anytime and I would recommend not mentioning it until after you have been hired. While legally you cannot be discriminated on based on pregnancy, why take the risk that you may lose out to a non-pregnant competitor.

lalalorelai · February 2016

Juacvdo1119 said:

In most states, FMLA requirements state that you had to have worked with the company for 12 months OR have worked at least 1250 hours during the 12 months prior to the start of your leave. If you're working 40 hour weeks for 40 weeks, you'll definitely meet the requirement for maternity leave. But definitely check the rules in your state since they're not all the same!

She says she's 10 weeks in her OP, so there's only 30 weeks (ish) until she'll need leave. So under those guidelines she'd have to find a new job now and work at least 42 hours a week to qualify. Doable definitely but not a certainty. And FMLA doesn't apply to all employers anyway.

I'd assume you won't be FMLA eligible as you search for jobs, just to be on the safe side. I personally wouldn't mention the pregnancy in an interview setting but I would tell them immediately after accepting any position you're offered. You may be able to negotiate some kind of leave if you bring it up right away.

As for your current job, pregnancy is covered under federal discrimination laws. If your employer is covered under these laws, they have to provide reasonable accommodations and I'm fairly certain that giving you extra snack breaks would be included.

You say you can't eat at home before work but it literally takes 2 minutes to eat a protein bar or something like that. Or could you eat on your way into work? It should be pretty easy to work healthy snacks into your diet without taking up too much time.

StrappinArrow · February 2016

Unfortunately they don't even give me a lunch break. Which I think that itself is illegal because all my previous jobs would require I take a 30min break before/at 6hrs. Honestly, my bosses scare me. (Family run). The women are so moody, sometimes you can talk to them but most the time you can't. The husband doesn't want to be iin charge

I try to snack on my way into work but it's hard so early in the morning I don't have any appetite & the thought of eating makes me gag. Usually by the time I've been at work for an hour and am wide awake I start getting hungry.

WiggityG · February 2016

Juacvdo1119 said:

In most states, FMLA requirements state that you had to have worked with the company for 12 months OR have worked at least 1250 hours during the 12 months prior to the start of your leave. If you're working 40 hour weeks for 40 weeks, you'll definitely meet the requirement for maternity leave. But definitely check the rules in your state since they're not all the same!

This is incorrect, FMLA is Federal, not by state (though states can have their own policy that must be equal to or better than FMLA for it to be applicable). Please note that per the US Department of Labor, these are ANDs not ORs:

Employee Eligibility

To be eligible for FMLA leave, an employee must work for a covered employer and:

have worked for that employer for at least 12 months; and
have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

https://www.dol.gov/whd/regs/compliance/1421.htm

OP - you can ask your OB to write you a note stating that you have to snack / eat, but good luck with that. Not sure that many would actually do this for you. I would just continue what you are doing until your boss calls you out on it directly and then explain that you are keeping within the company guidelines. If your boss pushes back beyond that, then go to HR.

GinnyJ2012 · February 2016

I'm pretty sure they are legally required to give you a break. Maybe it varies by state? But when I was managing a retail store I had to give my employees a break, and the length depended on how long they were working that day. You need to talk to your boss.

StrappinArrow · February 2016

Unfortunately it is a family run business that employees 10 people. I'm very sure they are required to give us a break after 6hrs but again...they don't care they'd rather be on snapchat while I have a million things to do.

br0co1ii · February 2016

FMLA is for companies that employ 50 or more employees, so you won't be eligible regardless of what you do. I'd say eat as much as you want. Let them fire you for taking a legally required break, then get unemployment.

WiggityG · February 2016

Juacvdo1119 said:

WiggityG said:

Juacvdo1119 said:

In most states, FMLA requirements state that you had to have worked with the company for 12 months OR have worked at least 1250 hours during the 12 months prior to the start of your leave. If you're working 40 hour weeks for 40 weeks, you'll definitely meet the requirement for maternity leave. But definitely check the rules in your state since they're not all the same!

This is incorrect, FMLA is Federal, not by state (though states can have their own policy that must be equal to or better than FMLA for it to be applicable). Please note that per the US Department of Labor, these are ANDs not ORs:

Employee Eligibility
To be eligible for FMLA leave, an employee must work for a covered employer and:
have worked for that employer for at least 12 months; and
have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

https://www.dol.gov/whd/regs/compliance/1421.htm

OP - you can ask your OB to write you a note stating that you have to snack / eat, but good luck with that. Not sure that many would actually do this for you. I would just continue what you are doing until your boss calls you out on it directly and then explain that you are keeping within the company guidelines. If your boss pushes back beyond that, then go to HR.

WiggityG Yes, FMLA is a federal law BUT each state is different in how they apply the law. For example, in my state, the requirement is be employed for 12 months OR have worked 1250 hours. (OR instead of AND). So yes, you should most definitely check the laws in your state.

NO. That is incorrect. States do not get to change how FMLA is applied, that is why it is a FEDERAL law.

However, if you read my post, you would see where I mentioned that states can have their own leave policy. For covered employers within states that have their own Family Medical Leave laws, employers must comply with the state protections that are greater than and provide more protections than FMLA. So if the state chooses their law to state that "employees must be employed for 12 months OR have worked 1250 hours" vs "employed for 12 months AND have worked 1250 hours" as written into FMLA, they can (but, again, that's state not FMLA).

It seems that you are talking about a State Family Medical Leave law rather than the Federal FMLA. Please don't confuse the two.

WiggityG · February 2016

Juacvdo1119 said:

WiggityG said:

NO. That is incorrect. States do not get to change how FMLA is applied, that is why it is a FEDERAL law.

However, if you read my post, you would see where I mentioned that states can have their own leave policy. For covered employers within states that have their own Family Medical Leave laws, employers must comply with the state protections that are greater than and provide more protections than FMLA. So if the state chooses their law to state that "employees must be employed for 12 months OR have worked 1250 hours" vs "employed for 12 months AND have worked 1250 hours" as written into FMLA, they can (but, again, that's state not FMLA).

It seems that you are talking about a State Family Medical Leave law rather than the Federal FMLA. Please don't confuse the two.

omg, you're like the FMLA police. My point in all of this (for anyone who is following the pointless drama) you should check your state laws in the state where you live as that is where you'll be taking your leave. In my case, my state granted me the OR versus the AND. A win for me! Hooray! Which is why you should always check!

Oh gee. I'm sorry that you fail to see how important it is to actually distinguish the two especially since the majority of states DO NOT offer anything other than FMLA as written. I'm also sorry that your reading comprehension of my earlier post is lacking. You provided false information numerous times; so yes, I'd much prefer to continue to comment and correct you so that other readers have the correct information. If you can't see how that is important, then maybe don't post on such topics.

flowerpower5838 · February 2016

@Juacvdo1119 I mean, you did originally give incorrect advice. As PP mentioned, FMLA is a federal thing - ergo, the same in all states.

FMLA is the minimum requirements federally, so all qualifying businesses in all 50 states must comply. Obviously if your specific state has additional laws and/or regulations, those go above and beyond FMLA, but are not the same as FMLA.

No one is creating pointless drama, they are just ensuring that people that look at this thread are getting the correct information.

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