I am 3 1/2 months pregnant. I have a "sit at the dest" job. My boss just informed me that he wants me to stop working 2 months before my due date. Can he force me to stop, unless he fires me? He is not going to pay me for it either.
2006-09-15 08:44:45 · 36 answers · asked by Ja mone` 2 in Pregnancy & Parenting ➔ Pregnancy
There is a law called the Pregnancy Discrimination Act, and here is what is says regarding your situation:
"Pregnant employees must be permitted to work as long as they are able to perform their jobs."
In other words, no, your boss cannot LEGALLY force you to stop working 2 mos. before you are due, as long as you are able to perform your job. Report this situation in writing to HR and take along a copy of the Pregnancy Discrimination Act.
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. It applies to all employers with 15 or more workers, including state and federal government jobs. If your company doesn't do the right thing, report them right away to EEOC.
2006-09-15 08:52:33 · answer #1 · answered by EmLa 5 · 1⤊ 0⤋
It could be that he's concerned with you being so far along when the time comes. If I were you, I would have to have a meeting with him about his statement. Make sure you have a lawyer on the sidelines too! Document everything. Because if it becomes a problem, for instance, him treating different as you grow bigger with your pregnancy, to me that would be a law suit waiting to happen. I don't play! Sue should have been my middle name girlfriend! LOL! You'll be able to use the money with the baby coming. Keep your camera phone near by. If it records conversations do that too! There are a lot of male bosses out here that feels a pregnant woman----hell a woman period she be barefoot and pregnant at home. Call one of those lawyers out of the phone book that gives free advise. Hell they'll tell you what to do. Make sure it a good lawyer too!
2006-09-15 08:53:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
My best guess would be that he can not unless you have signed a contract for a job that requires a certain body shape.
When I was pregnant and teaching skiing they did pull me off the slopes two months before I delivered but they had a valid reason to do this. My ligaments were loose and I ran into someone. They gave me another job at the same pay rate. I was upset, but in retrospect they were right.
It seems there is a big difference between our situations.
2006-09-15 08:49:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
That is so against the law!!! I have a desk job also and I am 38 weeks pregnant (due 9/30/06) and I am still at work. My boss says whenever I am ready to take off to do so...I think my last day will be 9/29/06 (last day of the pay period). Fight for your rights!!!
2006-09-15 08:55:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That is against the law. He CANNOT force you to stop working if you or your unborn child is not at risk. If what you do is desk work in an office environment you should be fine. The only time a pregnant woman can be removed from work is if there is a clear risk and the company if can be sued by the woman if something goes wrong. Call O.S.H.A. if he tries this. It is ILLEGAL!
2006-09-15 08:48:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
What is his reasoning for having you leave 2 months before your due date? Is there something there that would be harmful to your baby? If not, no he can not require you to take time off without paying you. I would talk to him some more about this. Most people work up to their due date unless they are on bed rest ordered by their doctor.
2006-09-15 08:49:41 · answer #6 · answered by lcritter55118 4 · 0⤊ 0⤋
If you are in the UK our employment laws protect you from this sort of behaviour. Just for the simple fact that he has already told you this, you could take a claim against him.
Ask your boss to put in writing why it is you can not continue to the date you choose, which incidentally can be right up to your date of confinement, but not beyond.
Then, once he has done this, ask him where you will be transferred to so you can continue to work until "your" finishing date.
If he doesn't offer you an alternative job, go to your HR department if you have one and raise a formal grievance. If you have not HR department, contact ACAS for advice about taking him to an employment tribunal for sex discrimination.
2006-09-15 08:58:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
My initial thought was discrimination but, you might want to check into your works policy he may have been just suggesting that for your maternity leave. Talk to your boss and tell him you need him to be more clear about what he is asking and that after the baby is born when it would be best to come back. Then you will know for sure his actual intentions.
2006-09-15 08:48:46 · answer #8 · answered by baby_gurl_3778 2 · 0⤊ 0⤋
Is he firing you? You may be an "at will" employee, which means he could fire you any time. But if you could prove he was firing you cuz of your pregnancy, you might be able to collect a settlement from him. See a lawyer.
Additionally, if the company you work for has 50 or more employees you are covered by FMLA.
2006-09-15 08:48:44 · answer #9 · answered by WendyD1999 5 · 1⤊ 0⤋
That is the best news you have received. Now you can file a discrimination suit against your employer. You should be able to get a settlement that is large enough to cover your salary while you are on leave. Then you can get a better job.
2006-09-15 08:48:42 · answer #10 · answered by troythom 4 · 0⤊ 0⤋