My ddil has been working for about four months on base at a garden center, she recently found out she is very newly pregnant. Before she found out she was pregnant her duties were pushing a large cart around with heavy boxes and of course lifting, her duties also include cashiering as well, the garden center is at Camp Pen and has another variety of merchanside there as well. I personally am worried about her lifting this boxes and straining to push the cart so early in her pregnancy, they do not seem to care when she mentions it and says that it is her job and she is to do it. She doesnt want to quit, she wants to save money as much as she can for the new addition, as I said she is very newly pregnant. she also has a late lunch break and asked if she could switch to an earlier lunch because she was getting sick to her stomach without eating, they told her that she should've eaten breakfast, I guess she feels to sick in the morning to eat. I thought if she wore a smock she could stick tiny snacks in there and eat a few on the sly but that might get her in bigger trouble! What do you think she should do?

By Vicki on Tuesday, January 30, 2007 - 08:10 am:

She should talk to her doctor. If he feels she should be placed on light duty, he can write a note for her and as far as I know, they will have to follow it. As far as eating, I would sneak the snacks. Unless she is working in a area that it would be unsanitary, that is another thing all together. I worked in a factory where there was a lot of heavy work and many ladies worked there through their entire pregnancy. I don't think it is a given that she needs light duty.

By Cocoabutter on Tuesday, January 30, 2007 - 08:25 am:

When I got pg I was automatically put on light duty. My company didn't want a lawsuit if anything went wrong. On the other hand, I was also told that being pg isn't a medical condition, so I didn't get any special treatment, either. Funny, but the cigarette smokers could take a quick smoke break any old time they felt like it. Why the heck couldn't I (a non-smoker)?

Needless to say, I was a bit stressed at my job at that time. I ended up with high blood pressure by the time by son was delivered. I would tell your ddil that her health and that of her baby are more important than the job, and she can find another one if she can't get any cooperation.

By Kate on Tuesday, January 30, 2007 - 08:36 am:

You know what concerns me?? The chemicals...is this a real garden center with bags of fertilizer and grub killer and weed killer, etc.?? She probably shouldn't be around that stuff!

By Mrsheidi on Tuesday, January 30, 2007 - 09:09 am:

Can she transfer to another part?

By Mom2three1968 on Tuesday, January 30, 2007 - 09:11 am:

Kate, I "think" so, its actually called the all season store and they have gardening materials, lawn furniture, some toys, I hadn't even thought about that. I realize that being pregnant isn't a medical condition in most cases, but, in saying that if I were a supervisior I wouldn't want my newly pregnant employee lifting anything over a certain weight, I don't know say 30 pounds? Especially since the pregnancy isn't really stablized and lifting, pulling, straining wouldn't be a good thing to do in my opinion. But then I guess that they would have to do that with everyone that were pregnant in the beginning, and would probably hurt business. I told her Crystal that maybe she needs to look for another job, this one is only five minutes from her housing area in walking distance. I guess I am just worried, but of course why wouldn't I be? And I'm still going to push the snacks, see if she can maybe take a little baggy of raisins and peanuts, something portable.

By Mom2three1968 on Tuesday, January 30, 2007 - 09:11 am:

Heidi,

I don't know, I'll have to check on that.

By Sandysmom on Tuesday, January 30, 2007 - 09:48 am:

Even though it isn't me, I am infuriated that they are being so cavalier toward her. A lot of work places are so discriminating against working mothers and women who are pregnant. I even remember overhearing a conversation at my old job between my boss and one of the supervisors when they were looking over applications for an open position. I specifically remember the boss saying that he didn't want to hire anyone with kids. I was so angry. Ok, now that I've got that out. LOL! I would say ditto Kate and Heidi. She shouldn't be working around those fertilizers and it would be a good idea to look into a transfer. I feel so bad for her. They do have to abide by a doctors note so she should go to her doctor and see what he\she says. Now that they are already starting to act like jerks, I worry that that will only add to her stress level. Keep us updated as to how she is doing.

By Ginny~moderator on Tuesday, January 30, 2007 - 11:11 am:

Hey people - no, they don't have to abide by a doctor's note. Please don't think that's all it takes. Depending on the store, and the state, any number of things could happen, including her losing her job.

Pregnancy is not a protected category - it is not, in law, a handicap. So unless the employer wants to, the employer does not have to make any accomodation. Please don't build up any false hopes about the value of a doctor's note. If her doctor thinks her job requirements present a risk for her pregnancy and if her employer doesn't want to accomodate her, she has little choice but to either find a new job or do the tasks. Sorry - because I agree it is morally wrong for the employer to not make what are probably minor accomodations.

By Tarable on Tuesday, January 30, 2007 - 11:12 am:

I do not believe they can tell her that she has to do the heavy lifting and stuff if she has a dr's note legally. But when I got pregnant while working a job that required heavy lifting my dr told me that I could still do it but to stop immediately if i felt it was too much, because it was not something my body wasn't used to doing.

By Ginny~moderator on Tuesday, January 30, 2007 - 11:28 am:

Tarable, they can't "make" her do it, but they don't have to employ her if she doesn't meet the job requirements and they don't want to accomodate her condition. I'm sorry, but I have read too many reports of legal decisions about employment law to want to encourage anyone to think otherwise. There are protected categories in employment, and pregnant women might indeed be one of them, but again, it comes down to whether pregnancy is a handicap (protected category) or not. It is one thing to refuse to hire or to fire or down-rate a woman because she is pregnant (Mothers Work, which sells maternity clothes, just entered into a consent order because of that kind of discrimination), it is entirely another to allow accomodations of light duty. Even with handicapped persons, the employer is only required to make an accommodation if they can do it "reasonably" and it does not provide problems for their business.

I would suggest that if the OP's dil *wants* an accomodation at work (and it's not clear that she does except for changing her lunch period), and her supervisor/foreperson refuses, that if there is an HR department she take it there. HR departments are often more accomodating than supervisors/forepersons, because they are a bit removed from the front line and can think things through. She should understand, of course, that if she goes over the head of the person who denied her request, whether she gets the accomodation or not that person is going to be unhappy and may try to "get even". One of the "pleasures" of the working world is that there is seldom any protection from pettiness.

By Kittycat_26 on Tuesday, January 30, 2007 - 11:42 am:

Thank you, Ginny. YOu've brought to light the exact things that I was thinking as I was reading the post and replies.

Though morally (not sure if that is the right word) the company should be a bit considerate. They may not HAVE to be.

There are so many variances to this that it isn't even funny. It even can vary depending on the size of the employer's business.

By Vicki on Tuesday, January 30, 2007 - 01:36 pm:

I still don't think talking to her doctor is a bad idea. If there is some reason that he doesn't want her working with the chemicals or lifting etc., there is no harm in getting it in a note and presenting it to her employer. Maybe they don't HAVE to abide by what the doctor says, but they might be more accomidating. If her doctor thinks it is a harmful situation for her to be in she would need to quit anyway, so what would it hurt?

By Vicki on Tuesday, January 30, 2007 - 01:42 pm:

hmmm...did a quick google and found some info. I have no idea how old it is or how accurate it might be, but some of it sounds interesting!! Especially the Pregnancy Discrimination Act


Working Women, Pregnancy, and the Law

Before you take a job, find out from your employer if you might be exposed to toxic substances, chemicals, or radiation. The personnel office should tell you about medical benefits, disability coverage, and maternity leave.

After you get a job, discuss any concerns you may have about being exposed to toxic substances with your employee health division, personnel office, or union representative. To find out about laws on safety at work or to request a list of substances known or thought to have an effect on pregnancy, contact your state or county health department.

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Your Right to Work
In the past, some employers did not let fertile women do jobs that exposed them to substances that could harm a fetus. In 1991, however, the Supreme Court ruled that a rigid policy that banned women of childbearing age from certain jobs discriminated against them on the basis of their sex. Although several toxic substances found in the workplace have harmful effects on men's ability to reproduce, men are not banned from jobs on that basis. This Supreme Court ruling means that it is illegal for an employer to ban women from certain jobs because they might become pregnant while they are working there.

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Your Right to Disability Benefits

Having a disability means that you are not able to work because of physical problems that could keep you from performing your usual duties. Only you and your health care provider can decide whether your pregnancy is partly or totally disabling. A disability related to pregnancy may be one of three types:

Disability due to the pregnancy itself. Some women suffer side effects such as nausea, vomiting, indigestion, dizziness, and swollen legs and ankles, which may cause temporary or partial disability. These problems are usually minor. Still, your health care provider should reevaluate them at regular intervals. Labor and delivery may also cause temporary or partial disability.
Disability due to complications of pregnancy. More serious complications such as infection, bleeding, early labor, or early rupture of the amniotic sac that surrounds the fetus during pregnancy may cause disability. Also, medical conditions you had before becoming pregnant, such as heart disease, diabetes, or high blood pressure, may become disabling during pregnancy.
Disability due to job exposures. Some disabilities may be linked to exposure to high levels of toxic substances at work that could affect the fetus.

If your health care provider decides that your pregnancy is disabling, you may request a letter to verify to your employer that you are disabled. Likewise, if your health care provider says that you are able to keep working, your employer may request or you may choose to submit a letter from your health care provider stating so.

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The Pregnancy Discrimination Act

The Pregnancy Discrimination Act was passed by Congress in 1978. It requires employers that offer medical disability benefits to treat pregnancy-related disabilities just like all other disabilities. In other words, if you are temporarily unable to work because of your pregnancy, your employer must give you the same rights as other employees temporarily disabled by illness or accident. If you are partly disabled by pregnancy and your employer regularly assigns lighter work to other partly disabled workers, the same must be done for you. If your employer guarantees that temporarily disabled workers can return to their jobs or a job of the same level and salary, the same must be done for you.

Unfortunately, many employers do not offer disability benefits at all for any condition. Therefore, they are not obliged to provide disability leave for childbirth or complications of pregnancy.

If no disability plan is offered where you work, you may qualify for unemployment or temporary disability benefits from your state. To find out whether your state offers benefits and how to qualify, contact your local unemployment office.


Finally . . .

During pregnancy, working women have special concerns. With the advice of your health care provider and help from your employer, you should be able to avoid undue risks while you are working and provide for any periods of disability.

It is important to eat well during pregnancy. If possible, keep some healthy snacks near your work station. Try to rest during breaks at work or after work.

Total "disability" during pregnancy occurs for very few women. Others may be disabled for only a short time before, during, and after delivery. It varies from patient to patient and is usually 4-8 weeks. Most women recover quickly and can soon return to their daily routines.

Talk with your health care provider about your concerns about working while you are pregnant. Tell him or her about any work-related conditions

By Mom2three1968 on Tuesday, January 30, 2007 - 04:21 pm:

Ok.... boy did I present a topic for debate here, I'm not sure what will end of happening or what she'll decide to do. As i said she is newly pregnant and I would hate to see her lose the baby because she lifted items that were too heavy or pushing a loaded hand cart, I would like to see her look for something else, maybe the clothing store on base maybe that would be better something where she doesn't have to do much lifting. I personally wouldn't feel too good if one of my employees lost their baby that they were carrying because I insisted she do these things when she was doing everything else but I couldn't get someone else to lift that box or push the cart out so that she could unload it. But as I said before, as far as the chemicals go being exposed to that I didn't even think about that so I'm going to call her and make sure she thinks about that. And if something hurts her when she's lifting I hope that she just stops and takes a break. Oh well, I can't help worrying when they are so far away and I can't be nearer to them!

By Mom2three1968 on Tuesday, January 30, 2007 - 04:28 pm:

I better mention before someone else does that having someone lift her boxes is an unrealistic thing to have happen, but still doesn't change that I personally would feel bad, I guess that's just me.