After learning about this problem, the next time I got pregnant in 2009 I turned in a doctor’s note to my boss with a five pound lifting restriction. The note also said I should take breaks when I was tired and shouldn’t constantly go up and down stairs. My employer told me they had no job for me with those limitations, but I know they could have found work for me to do, like working in the deli. Another coworker had a shoulder problem and they accommodated her. They fired me, but thankfully my union helped me get disability payments for twenty-six weeks. Unfortunately, they were only a fraction of my usual salary. After the twenty-six weeks was up I had to go on unpaid leave for four months. I lost my health insurance and had to go on Medicaid. My family and I survived on food stamps and my savings. When I finally returned to work, I had nothing left in my savings account.
Many women believe that a note from their medical provider will protect them at work, and they feel more confident asking for a workplace modification with the support of such a note, but we have seen employers use medical notes to exclude women from their jobs altogether. We thought it would be best to go through some frequently asked questions here so you know what to expect if you find yourself needing a note from your provider. You should also take a look at our summary of “Talking to Your Boss About Your Bump” at the end of this chapter.
I need some changes at work because of a pregnancy-related condition. What if my employer says I have to get a note to continue working?
Sit down with your boss, and tell her that you have a pregnancy-related medical condition or need and require a “reasonable accommodation” (use that phrase). Come prepared with a plan—how do you propose to make this work? Ask for something reasonable, cheap, and relatively easy for your boss to provide that will allow you to continue performing the essential functions of your job. If she says no, then negotiate and ask what she would be willing to offer. Verify the conversation in writing afterward and take notes about your boss’s reaction or anything she says during the meeting.
If your boss asks for a doctor’s note verifying your request, try simply to put your request in writing and see if that is sufficient. If your boss still insists on a doctor’s note, make sure your note is as specific as possible to address your pregnancy-related condition.
I am pregnant but don’t need any changes to my work at this time. What if my employer still requires a doctor’s note to allow me to keep working?
Unless your employer regularly requires employees who have disclosed medical conditions to provide doctors’ notes to continue working, this kind of request may reveal a discriminatory motivation. Try putting in writing that you can and want to continue working as normal. Find out if others with medical conditions must bring in notes when they don’t have any need for accommodations. If not, your employer can’t single you out just because you are pregnant. Talk to your medical provider and find out if she would be willing to write a note that simply states that you have no pregnancy-related conditions or limitations and are capable of performing all essential functions of your job. If your employer has a general policy requiring employees have “no restrictions” to work, that is most likely a violation of disability laws.
I decided I want to bring in a doctor’s note—is there anything it should say or should not say?
First, take a look at the state-by-state guide and talk with your provider to find out if you have any problems related to your pregnancy that may qualify for coverage under disability law. If so, then take a look at the sample doctor’s notes for disabilities earlier in this chapter. If not, then we recommend using the sample note from California (see below) for guidance. The most important thing to remember is that the requested accommodation and described restrictions should be as specific as possible. For example, your doctor should avoid general prescriptions like you “need light duty” or “should minimize heavy lifting.” These recommendations are too vague and will only lead to problems at work—you might even be pushed out of the workplace indefinitely, or until your employer has clarification. Similarly, notes that say you cannot lift more than fifteen to twenty pounds should be more specific. Does this mean you can’t lift more than fifteen pounds or more than twenty pounds, or does it depend on some other factor? Can you lift that much sometimes or never? What if you get assistance? Ask your doctor to tailor the letter to the duties at work that you need to avoid. For example, if you never lift heavy things, but do push heavy carts or patients, have the note specify how much weight you can push, not how much weight you can lift (you can push a lot more weight on wheels than you can lift!).
Help! I’m being pushed out even though I want to keep working. What now?
Ask a lot of questions and assert that you want to keep working and can keep working. Let them do the talking and then take careful notes afterward. The more you listen and ask questions, the more you will understand their motivations, which could very well be illegal. You may suspect pregnancy discrimination, but it’s better to have proof—like an email from your boss making stereotypical assumptions about your work because of your pregnancy.Here are some things to watch out for and take note of:
— Any concerns your employer expresses about your health or the fetus’s health.
— Any concerns your employer mentions about her own liability.
— Offensive comments about your pregnancy or family.
— Did your employer ask for a doctor’s note before you even requested any accommodations?
— Do others have to get a doctor’s note, like someone who needs an accommodation for a disability or injury?
— Does your employer have any policies (either in writing or that she has told you about) that effectively exclude pregnant women from the workplace (like an unrealistic requirement to lift fifty pounds)?
Talk to a lawyer and be sure to mention any of the above that you have observed. They could be evidence of pregnancy discrimination. Even if your employer seems like she is looking out for you—maybe she says she doesn’t want your baby to be hurt—that could still be illegal. Courts have long recognized that paternalistic concerns for pregnant women’s health have been used to limit women’s rights.
My employer says they don’t have “light duty,” but I can’t do heavy lifting like I did before I was pregnant, what should I do?
Gather information to make a case for yourself—does your employer provide light duty for other workers, like those who are injured on-the-job or those who are disabled? Most, but not all, employers do. If so, then you may be entitled to light duty under the Pregnancy Discrimination Act. Is there a light duty position available that you could fill? Could you simply shift some of your duties to a coworker, or do you need a temporary transfer to another position? Try to work it out with your employer and explain that any changes are only temporary. If your employer requires a doctor’s note, be sure to check if you have a problem that may qualify you for coverage under disability law (see page 183) and be sure that the doctor’s note is very specific (outlining exactly how much weight you can lift and how often). If your employer truly doesn’t provide light duty to anyone else and there are no other options, at least try to get your boss to hold your job open for you so you can return after giving birth.
I live in California, do I have to give my employer a doctor’s note?
Yes, the law does require that you request an accommodation based upon the advice of your health care provider. Our partners at the Legal Aid Society—Employment Law Center, based in San Francisco, have prepared this sample doctor’s note for California women requesting a reasonable accommodation:
Your Health Care Provider’s Letterhead
[Date]
To