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Pregnancy & Medical Restricted Job Duties (Employment & Labor Law)

Wed, 19 Jul 2000 21:26:00 GMT

I recently had a complication with my pregnancy (I am seven months along) and I was given a doctors note that stipulated I could not perform my current nursing responsibilities according to my job description. Being a Operating Room Nurse I can no longer stay on my feet for long periods of time and continue a "rushed" pace etc. The doctor stipulated I could continue to work as long as I was able to sit with the freedom to walk and take short breaks as needed. I was to be on my feet for no longer that 15 min in an hours time. My employer said since I was considered "light duty" they would offer me a "desk job" but since my responsibilities were not that of my hired job description, I would have to accept this position with a reduction of my salary or just take a leave of abscence. I am inquiring if this is legal....the reduction of pay. I am a Florida resident. Any advise?

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  • Thu, 20 Jul 2000 11:26:00 GMT(1)
  • I am not positive but I tend to think that your employer is fully complying with the law. To be sure, do check with an employment law attorney near you. Here is the relevant law that applies to you freeadvice.com/gov_material/eeoc-pregnancy-discrimination-facts.htm.
    For an attorney go to attorneypages.com.
  • Wed, 19 Jul 2000 21:36:00 GMT(2)
  • Well, all I can say is that I have never heard of a company doing such a thing. When we get employees on restricted duties, we usually have them sort parts. If this individual is a machine operator who has worked for the company for a while, he or she is obviously making more money than a parts sorter but we wouldn't make them take a cut in pay! If you have been at your job long enough, you may be entitled to short term disability if they offer it. This is usually a considerably low amount (usually 50% or so) of your current compensation. BUT, if they are having you take a lower paying job, maybe you would still be making more on disability than if you went to work every day. Check and see if statutory disability is offered. This usually includes complicated pregnancies. As to the legal standpoint, I have no idea if it's legal. I can't imagine it is. If anyone knows, can't complicated pregnancies be covered under the ADA? Meaning they would have to provide "reasonable accomodations" of some sort that do not effect the amount of money someone is currently making?
  • Wed, 19 Jul 2000 21:53:00 GMT(3)
  • Thank you for your response. I have been with this company for two and a half years. They do not offer any type of disability, you must have purchased a policy on your own. They only comply with the Family Leave Act, which stipulates the employer must hold your position for 90 days and your job is protected, however, this is a leave without pay. They claim that they have contacted their lawyers and all is legal. However, when I called the state dept of labor, one office says it is not legal and one says it could be. I was hoping to get a little more info before contacting a lawyer to see.
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