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178590 tn?1294176767

guess I'll have to work 45-55 hour weeks til the babies get here

ok so I check with my HR about their policy on me taking time off because my body is so ready to quit......well my OB said whatever I wanted they would write me a note.......soooo I first wanted to check with HR to see what they could help with......well they said I could go on temp disability and the insurance would pay 60% of my wages and the company would pick up the other 40%......ok so that sounds good but the catch is the time I'm on disability still is counting off my 12 weeks FMLA and I have no maternity leave just my FMLA so if I don't have my babies say til 37+ weeks that mean I only have 1-2 weeks left off after my babies are here.......so I asked about just less hours and they said well that would be ok but if my boss wants he can fire me b/c if he can't accomidate me on part time then he will have to hire someone else and they really don't think he'll be able to accomidate me....soooo this mean I'm stuck working 45-55 hours a week til my babies get here........ahh I just want to rest.     I'm so tired.
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Avatar universal
Oh, I so sorry to hear this....I was really hoping they would Help you out some how :o(
I guess all you can do is take it EZ and see how that goes.......
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178590 tn?1294176767
yep that's what I get for working in a mans field....none of the men understand nor care......
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Avatar universal
Have you already checked with your boss to see what he had to say.  It sounded from your post that HR said the boss could fire you, but I wasn't sure if you already asked him that question.
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362119 tn?1223137936
well..that is not good news! Im sorry to hear that..what do you do for a living??
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372206 tn?1235168293
They CANT fire you if you need time off pregnancy related. Its discrimination and you could sue the b*ggers.

If i were you id contact Citizens Advice.

My midwife offered to sign me off sick last week for the rest of my pregnancy due to SPD but i told her no. This would be paid and i would still get my 39 weeks maternity pay after the baby is born.

They, as employers, need to ensure they are working within reguations that comply with your needs as a pregnant woman and if the work is not suitable they must find you alternative duties. I wouldnt stand for it.
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461781 tn?1285609481
I work in HR and FMLA is a federal law.  I don't think that they can fire you based on that you needing to work PT that is discrimination against pregnancy and they have to treat you same as someone who's not pregnant or like someone who has same abilities or limitations.  There is a federal law called Pregnancy Discrimination Act (PDA) you may want to look this up, same as FMLA (Family Medical Leave of Absense).  They may look for loopholes to tell you that you can't work Part Time but I would look up these laws and mention these to them.  Also, check to see what the Physical Demands analysis of your job is and ask to be put on Light Duty for now.  For Gods sake you are having twins! They should be able to accomodate you specially to avoid legal trouble. Employers may not treat pregnant employees worse than other temporarily disabled employees and some preferential treatment may be lawful.
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461781 tn?1285609481
And if they are being @$$holes I would find a lawyer.  I'm sure they wouldn't want to get to that point, but you could soooo sue based on pregnancy discrimination.!
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178590 tn?1294176767
I have brought up shorter hours with my boss and he didn't say he would fire me but he was really hateful about it like how could I inconvienence him like this???  He said he would have to hire someone to fill in so don't know if he plans on letting me off for leave or for good...In missouri it's not illegal since we don't have a Right to work Law so I'm just screwed......i work at a rock quarry and the minning industry doesn't accomidate women very well.
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178590 tn?1294176767
They said since I'm working a full time position and the fact I'm employeed at will that if I can't work a full time position they don't have to accomidate me...I called the labor force and they said in Missouri they can get away with that.
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362119 tn?1223137936
wow that has got to be hard work!! Are you actually doing the manual labor??
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461781 tn?1285609481
No they can't because federal law trumps state laws.  Look up Pregnancy Discrimination Act and Family Medical Leave Act.
www.dol.gov
http://www.laborlawtalk.com/archive/index.php/f-34.html

They can't discriminate against you because of pregnancy they can be sued BIG TIME
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178590 tn?1294176767
not to much manual labor I'm mostly just office job but the point is I'm around alot of heavy diesel fumes and I have a very uncomfortable chair it's a half back one that raises high and they can't get a better one so at the end of the day I'm so wore out it's not funny and they want me to help my coworker do filing and the drawers are really high so there's no sitting there......and I was told by my ob no standing for long periods of time....so guess I'll work til I can't work no more then I'll take my vacation and use up my diability and then I guess I'm on my own.
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178590 tn?1294176767
Thanks I'll read about that....
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461781 tn?1285609481
www.eeoc.gov Equal Employment Oportunity Commission
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461781 tn?1285609481
It just makes me mad to hear about stuff like this.  If you can't go Part Time then ask for Light Duty Restrictions as recomended by your Dr.
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362408 tn?1236441081
I think Mumita is right i think it is against the law for any company to fire you for time off during your pegnancy. I would look into looking it up the net as Mumita has suggested and even try going to Citizens Advice if you have one in your area and ask them if your company can really do this to you. I know if i am struggling in my job in the UK because im pregnant my company has to find me alternative work and if alternative work can not be found then they have to suspend me on full pay as it is against the law to put me and my baby at risk while i am pregnant and i am actually at the moment doing my Health and Safety work for my company and i know this is right and the law as it states it plus i phoned them and they confirmed this to me too and my company can do nothing about it as if they cant find me alternative work that isnt suitable for me when im pregnant then they have to suspend me on full pay until i notify them of when i want to take my maternity leave. Good luck and i hope everything works out for you!
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178590 tn?1294176767
I just looked into the Missouri labor laws website and emailed them my problem just hope they get back with me soon....
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362408 tn?1236441081
It may take a few days but if in a few days you havent had a reply e-mail them again! Dont give up!
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178590 tn?1294176767
Thanks I won't.....I really can't afford to be unemployed
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461781 tn?1285609481
Yeah, they can at least put you on light duty restrictions like no lifting a certain ammount, no long periods of standing etc.  But they have to accomodate you.  The thing is that they have to accomodate you and can't discriminate against you.  You can always call the EEOC (Equal Employment Opportunity Commission) its a federal agency and they can advise you.
This stuff makes me mad.  
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461781 tn?1285609481
Ok, last one!!! Go to that website is part of the EEOC relating pregnancy
http://www.eeoc.gov/facts/fs-preg.html
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357635 tn?1306110809
that is absolutely crazy im facing the same situation but maybe a little worse because i am technically an independent contractor and my employer doesnt have to give me fmla at all so when i have my baby i might be in jeopardy of losing my job
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461781 tn?1285609481
Actually, even if you are an independant contractor you would be eligible for FMLA if you have worked for the company at least 1250 hours.  So legally you are eligible for 12 weeks of unpaid time of.  
As women I think we should get informed about our rights.
Go to www.EEOC.gov and www.dol.gov to find out about rules of FMLA and PDA
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Avatar universal
Ok - I started writing this a few hours ago and have been side-tracked so forgive me if some of this has been covered since the time I first read this post.  But here goes:

Some of you are misunderstanding the FLMA law  I am also in Missouri and going though the EXACT same thing (except I dont have twins!) so will try and explain a little about this.

If you are required to work reduced hours OR take complete leave due to a medical problem you OR a "close" family member has, you are entitled to a TOTAL of 3 months FLMA leave in one rolling year (provided the company is subject to FMLA guidelines which included employing more than 50 people along with some other factors).  Your employer can NOT fire you for taking FMLA leave.  However, once you have used up your 3 months worth, they CAN fire you.  The problem brown-eyed-gurl has is  once she delivers she will likely need to take 6 weeks off (minimum) so if she starts full-time  FMLA leave now she will run out shortly after her babies are born and can be fired then - that sucks but 3 months is all the protection she has.  She is in no way being discriminated against if her company allows her to start taking her FMLA leave at this point. However, what is important to note here is she does NOT have to take FULL-TIME FMLA leave at this point..... she can in fact take PART-TIME FMLA leave.  See below:



"They said since I'm working a full time position and the fact I'm employeed at will that if I can't work a full time position they don't have to accomidate me...I called the labor force and they said in Missouri they can get away with that."

This is NOT true.  Under FMLA you CAN work "intermittently or on a reduced leave
schedule'' under certain circumstances (act: 825.203 (a) and (c) specifically pertain to this).  Based on your medical condition, you are COVERED under this.  Here is more information on this:

http://www.dol.gov/dol/allcfr/esa/Title_29/Part_825/29CFR825.203.htm


In other words, according to federal law, brown-eyed-gurl CAN work part time (reduced schedule) and use FMLA leave toward this - the company she works at can NOT deny her this OR force her to take full-time FMLA leave.  The tricky part is figuring out how much part time leave to take so that she has adequate (at least 6 weeks) time with her babies post-delivery so the 3 months FMLA is not exhausted before she goes back to work.

Due to gestational hypertension I know all about this.  My doctor has not allowed me to work more than 20h/week from week 31-delivery.  I am currently 35 weeks.  In my case, I had accrued about 15 days PTO (until June 26th, when I get 25 days more) which my company requires me to use for my reduced work schedule BUT I also HAVE to use the FMLA leave in conjunction with my PTO.  I was specifically told that because I am taking PTO due to a medical condition I HAVE to file the FMLA claim which is eating away at my FMLA leave so this leave definitely applies to situations where you have to work reduced schedule.   I plan to take 2 months off after Jazmine is born so will probably come pretty close to using up all my FMLA leave for this rolling year but my company is very understanding and will allow me to take non-paid leave if I need to after my FMLA is exhausted.



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