Who on earth is going to hire a 5 month pregnant lady?

[Corny Noob]

*takes a deep breath*

I work at a toy store, I'm one of the assistant managers. As I'm sure you guys figure it's pretty freaking hectic and I'm always running around.
Last friday I got a doctors note from my OB saying that I couldn't stand for extended periods of time. Before my boss actually read the note (for whatever reason) he said "well I guess we'll just have to get you a stool" since then I've been using a fold up chair. I've been getting horrible charlie horse cramps from standing so I really needed this rest, but it's not like I'm sitting while theres a line of 10 people and saying oh someone else can get it.

So last night my boss comes up to me and asks me exactly what "extended periods of time" are, like how long can I go without sitting? I said 4 hours, which even then is pushing it, I can't even walk around for 4 hours right now without having to sit even if I wanted to. He said "you know what this means right?" uh.... "you can only work 4 hour shifts then".

The dilemma, I live almost an hour away from work already, make almost 2 extra hours on my day for a 4 hour job, where I can no longer go up the ladder, can't bend over a lot without my stomach hurting and can't stand for long periods of time. I feel pretty useless here now, not to mention I'm sure my boss would rather be able to hire someone who doesn't have issues. On top of all this he also said because the ****ing teenagers were complaining because I got to sit down....SO?! Let them get a doctors note if they have a medical condition, or let them get knocked up see if I give a :angry01:

But of course who is going to really hire me except another crappy retail job?Then I'm sure to take a cut in pay back to minimum wage (7.15) and I'll have to tell them my "issues" before I start...and I mean who really is gonna hire someone like that?

I feel like I'm stuck between a rock and a hard place

 

[mele2511]

Ohhh poor you. bit of a tricky one really. Wish i could help.

 

[Nanci]

I don't think he can cut your hours!

Pregnancy Discrimination Facts from the Equal Employment Opportunity Commission:

The Pregnancy Discrimination Act (PDA) of 1978 provides that women affected by pregnancy, childbirth, or related medical conditions must be treated the same way as other individuals with temporary disabilities. Therefore, you can be treated differently from any other employer with any other disability.

Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job.

An employer cannot fire or force an employee to leave because she is pregnant.

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

Pregnant employees must be permitted to work as long as they are able to perform their jobs.

Any health insurance provided by an employer must cover expenses for pregnancy related conditions on the same basis as costs for other medical conditions.

 

[Corny Noob]

Yeah I thought about that, but technically I'm not able to preform my job...I can't stand at the register, I can't lift up customers bags, I can't help them carry anything...I feel pretty useless.
And is it really worth going to war over a $10/hr job?
As far as being discriminated against for hiring, you know that no one is going to outright say that they don't want to hire me cause I'm pregnant, they'll find some other reasoning...

 

[Nanci]

http://tinyurl.com/2776aq

Health and safety for pregnant employees

All employers must give you a safe and healthy working environment. There's extra protection if you're pregnant, which is a good reason for letting your employer know you're pregnant early on.

Risk assessment

Your employer must carry out a risk assessment of your job to find any possible risks to you and your unborn child. These risks might be caused by:

lifting or carrying heavy loads
standing or sitting for long periods
exposure to toxic substances
long working hours

Your employer must then either remove the risk or remove you from being exposed to it (for example, by offering you suitable alternative work). If neither of these is possible, your employer should suspend you from work on full pay.

 

[Nanci]

From the same web page:

Discrimination and pregnancy

It's unlawful sex discrimination for employers to treat women less favourably because of their pregnancy or because they take maternity leave. Such treatment includes things like:

trying to cut your hours without your permission
suddenly giving you poor staff reports
giving you unsuitable work
making you redundant because of your pregnancy (you might still be made redundant for other reasons)
treating days off sick due to pregnancy as a disciplinary issue

Your employer can't change your terms and conditions of employment while you're pregnant without your agreement. If they do, they'll be in breach of contract.

 

[Eriathiel]

Honestly? Try the public library. The work isn't hard, you can sit while you check books in and out, and generally they start you out at a good pay and give you a raise often. I love my job with a passion.

Good Luck

 

[Corny Noob]

So Nanci you think that even though I'm only a part time person that all of this applies to me anyway?

The only issue is, because the christmas season is about to end, hours were about to be cut anyway, I just figured I would still be working 8 hour shifts though.
Should I print this stuff out to show him? Or just approach him and ask him what the discrimnation laws are regarding pregnancy and wait for him to go "oh...crap"?

 

[Matthew]

If you're criminal record free, you could try a bank attendant/teller. They tend to start around 8-10 an hour and the work isn't too strenuous, from what I hear.

 

[whippet]

If you're criminal record free, you could try a bank attendant/teller. They tend to start around 8-10 an hour and the work isn't too strenuous, from what I hear.

True...but you also have to have good credit...just a head's up.

 

[Corny Noob]

Does 723 count as good credit?

 

[kathylove]

Why can't you do mostly register work? Then you can alternate standing and sitting on a stool at the register, as needed. If the stool is the correct height, why wouldn't it work? That is an important function. The other employees can temporarily do the lifting and carrying. It is only for a few months. There must also be some paperwork to do as well.

If they cut hours after the holiday, can't they give you fewer days, but 8 hours at a time? If they have to give shorter shifts, maybe you can fill in with another 4 hours at a lower paying job nearby, so you don't have to give up the $10 / hr when it is offered.

I would approach him with "I really want to pull my weight here as much as possible - here is what I can do over the next few months." Then list the most important things you can do over the next few months, within your doctor's parameters. If he says that is not good enough, maybe say something like "I really don't want to compromise my health OR lose my job - what do you suggest?". If he doesn't come up with a good compromise, then maybe tell him you will have to look into whether pregnancy is covered under workplace laws, and how. That means he will have plenty of chances to come through for you without alienating him with threats right away. But if he is not willing to compromise, then you may have to make copies of the legal info to show him. I always feel it is best to try to work things out without government interference or threats IF POSSIBLE. But you have to do what you have to do...whatever it takes...

Good luck!

 

[diamondlil]

Great advice, Kathy. Negotiating whilst keeping the big guns 'til last (I.E. legal threats) is always good practice

 

[Corny Noob]

Why can't you do mostly register work? Then you can alternate standing and sitting on a stool at the register, as needed. If the stool is the correct height, why wouldn't it work? That is an important function. The other employees can temporarily do the lifting and carrying. It is only for a few months. There must also be some paperwork to do as well.

Well the point is that I'm an assistant manager not just a cashier so if I suggested just cashier then he'd bump me back down to cashier job at only $7.15 anyway. It's the damn teenagers complaining about me sitting.

If they cut hours after the holiday, can't they give you fewer days, but 8 hours at a time? If they have to give shorter shifts, maybe you can fill in with another 4 hours at a lower paying job nearby, so you don't have to give up the $10 / hr when it is offered.

Thats what I figured I'd be working anyway since I'm an hour away and have class, I told him when I was scheduling class that I could give him a few good days of 8 hr shifts, but now he obviously doesn't want to give those to me which would then be like 4 hours every day instead which seems like a waste.

I would approach him with "I really want to pull my weight here as much as possible - here is what I can do over the next few months." Then list the most important things you can do over the next few months, within your doctor's parameters. If he says that is not good enough, maybe say something like "I really don't want to compromise my health OR lose my job - what do you suggest?". If he doesn't come up with a good compromise, then maybe tell him you will have to look into whether pregnancy is covered under workplace laws, and how. That means he will have plenty of chances to come through for you without alienating him with threats right away. But if he is not willing to compromise, then you may have to make copies of the legal info to show him. I always feel it is best to try to work things out without government interference or threats IF POSSIBLE. But you have to do what you have to do...whatever it takes...

Good luck!

Thanks a bunch, yeah I really don't want to have to go in with guns blazing saying "keep me or I sue you" especially since me and my boss generally have a good repoire with each other. But I was honestly floored when he told me this yesterday that I couldn't say anything but "...why not?"

 

[TripleMoonsExotic]

If you're working part time, you don't have the same rights as a full time employee. If you don't have at least a year under your belt with a company, you don't have the same rights as someone who has been there a year.

I have a friend who dealt with this twice and explained it all to me. If you've been there less then a year and not full time they don't have to pay maternity leave or give you your job back when you're ready. As far as I know it's the same state to state, but I could be wrong.

Why not suggest to your boss work four hours and then take a 30-60 minute unpaid lunch and the work another 4 hours. That way you're not waisting your time with a long drive.

 

[MerlinsPop]

It's the damn teenagers complaining about me sitting.

Oh, I could fix that!! Make their lives so freaking miserable that they WANT you to sit and leave them alone! You can find a ton of stuff that they should be doing and make 'em do it! The smart ones will figure out that a sitting Jenn makes their lives easier.

 

[Corny Noob]

If you're working part time, you don't have the same rights as a full time employee. If you don't have at least a year under your belt with a company, you don't have the same rights as someone who has been there a year.

I have a friend who dealt with this twice and explained it all to me. If you've been there less then a year and not full time they don't have to pay maternity leave or give you your job back when you're ready. As far as I know it's the same state to state, but I could be wrong.

Why not suggest to your boss work four hours and then take a 30-60 minute unpaid lunch and the work another 4 hours. That way you're not waisting your time with a long drive.

See that's also part of what I figured, I'm not a ft employee, I get no benifits and they could always fire me because they say I'm being insubordinate or something :shrugs: you know sitting on the job when I'm not "supposed" to.