[Name] has a condition related to [pregnancy or childbirth]. [Note: This can be any physical or mental condition that is intrinsic to pregnancy or childbirth, including, but not limited to, lactation. You do NOT need to reveal a diagnosis or details of the condition, but you do need to state that the patient has a condition related to pregnancy or childbirth.]
As a result of [Name]’s condition, it is medically advisable that she receive the following accommodation: [Describe requested accommodation here. E.g., to avoid lifting over [X] lbs., to avoid climbing ladders, to avoid exposure to toxic fumes, permission to drink water or snack during her shift, a larger uniform, a modified work schedule, more frequent bathroom breaks, a stool or chair to sit on, additional break time and a private space to express breast milk, a temporary transfer to a less strenuous or hazardous position].
This accommodation became medically advisable on [Date]. At this time, I anticipate that [Name] will need this accommodation for [duration of accommodation].
Thank you.
[Signature]
My employer wants to talk to my doctor directly—should I allow that?
We think it’s best if you stay involved in any conversations between your medical provider and your employer. Your provider needs your permission to say anything to your employer about your medical condition, so you should be clear when giving that permission that you want to be present for any and all conversations. This way you can stick up for yourself if you need to, but you will also know exactly what was said in any meetings.
My employer has a form she wants my doctor to fill out so I can keep working—it’s a checklist saying what I can and cannot do at work. Does my doctor need to fill this out?
It’s best if your provider can explain in his or her own words what limitations or restrictions you may have. Unfortunately, checklists can lead to confusion or miscommunication. First, see if a note from your provider can replace the checklist. If that won’t fly, then have your provider fill out the checklist, but include an accompanying letter to provide explanation and clarification. The provider can then attach a note. As we have discussed, be prepared that checking off that you cannot perform a particular task may be used to push you out of the workplace.
I have a doctor’s appointment tomorrow, what should I ask my doctor?
It’s important to talk to your medical provider about your job duties before you announce that you are pregnant at work. Make a list of the functions you do on a typical day and the things you do infrequently. Take a look at your job description (from the handbook or when you were hired), this can help you make a list of not only what you do, but also what your employer says you need to be ready to do at work. Write down any chemicals, toxins, or other hazards (like radiation), that you may have exposure to. Be sure to write down, before your appointment, any concerns or questions you have about your work.
Go through each item with your provider to find out if there’s anything you need to worry about, either at this stage or later as your pregnancy progresses. Of course, some women who have been pregnant before or who feel comfortable with their job duties may not need to do this, but for those who have questions, it’s best to come prepared since medical providers may not understand what kind of work different jobs entail. A retail worker may be exposed to harmful cleaning chemicals, for example, if she needs to clean up the store, but a doctor may not realize that unless the patient brings it to his attention.
Checklist for Staying Healthy and On the Job While Pregnant
1. Check your employer’s policies to see whether you are entitled to accommodations while pregnant. If you are a union member, check your Collective Bargaining Agreement and speak with your Union Representative or Shop Steward.
2. Talk to your doctor to find out if you have any diseases, disorders, illnesses, or other medical problems to see if you might qualify for coverage under disability law, as discussed earlier in this chapter. Even if you don’t think of yourself as “disabled,” you could be covered, especially by more expansive state and local laws, if, for example, you have pelvic pain or shortness of breath. If you are found to have some form of a disability, then disability laws may entitle you to a reasonable accommodation.
3. Check to see if your state or city has a law that guarantees the right to seek accommodations for your pregnancy.
4. Check your employer’s policies about others with limitations at work, such as those with disabilities or on-the-job injuries and ask around to find out how others temporarily unable to do some job duties have been treated by your employer.
If the rest of your checklist came up empty, and your employer is not required by law to help you, then try appealing to your boss’s humanity and to her bottom line or seeing if coworkers might be able to cover some of your duties. You may also want to talk to an attorney to find out if your employer’s policy or the fact that she refused to accommodate you may be evidence of pregnancy or disability discrimination.
SICK AND TIRED: TIME OFF FOR PREGNANCY-RELATED ILLNESS AND PRENATAL CARE
My first pregnancy was horrible in the beginning. I suffered from hyperemesis, when your body cannot tolerate the pregnancy hormones and you are so sick that you lose weight instead of gaining it. I didn’t dare say anything to my employer because I knew that they did not care about anything but my billable hours. In fact, I was terrified to tell them I was pregnant because I thought they would discriminate against me. So I suffered through it.
As many expecting parents know, “morning sickness” is not always limited to the early hours of the day. In fact, nausea, fatigue, headaches, and more can dog a pregnant woman all day and for months at a stretch. It can be hard to keep up with work when you are struggling to stay upright or keep food down. Many pregnant women recover their energy in the second trimester, but for some the sickness persists throughout the whole pregnancy. And on top of all that, a good number of pregnant women need to go on bed rest toward the end of their pregnancies, to avoid preterm delivery. So what should you do if your pregnancy forces you to miss work?
The law protects you in several ways. First of all, the Pregnancy Discrimination Act (PDA) requires that your employer treat you the same as any coworker who also has to miss work because he or she is similarly unable to work. So if a colleague has to miss work periodically over a few months for medical treatment or for continuing education classes, and your employer allows him or her to do so without penalty, the same rule should apply to you. Or imagine one of your colleagues injures his knee playing basketball and has to keep his leg elevated for a few weeks. If your employer allows the coworker to work from home while his knee recovers, he or she should also allow you to work from home while you are on bed rest. Similarly, if your employer provides paid sick time, he or she has to allow you to use that time for your pregnancy-related illness and absences.
Second, if you are eligible for leave under the Family and Medical Leave Act (FMLA, which we discuss in much greater detail in chapter 2), you are entitled to time off for pregnancy-related illness, bed rest, and prenatal appointments. The law is more lenient in the case of pregnancy than for other disabling conditions: you don’t have to be under the care of a doctor or be absent for more than three days to qualify for this kind of time off. So let’s say you are late to work one day because you spent the morning face to face with your toilet bowl; you can count that time as FMLA leave (see chapter 2 for more information). Even if you are late by only a few minutes, you may be able to count this time off as protected leave. This is called “intermittent leave” in the law. One downside is that any FMLA time you take before your baby is born is time you won’t have for bonding leave after he or she arrives—you get only up to twelve weeks in a twelve-month period, and all FMLA-qualifying time you take in that twelve-month period counts toward your total.
Samantha worked for nearly two years as a receptionist at a large nonprofit. At thirty-two weeks into her pregnancy, she was struggling