How does a reasonable accomodation work when you’re pregnant?
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How does a reasonable accomodation work when you’re pregnant?
I am pregnant and my position as a CNA does not have accommodations for pregnant restrictions. My doctor told me no lifing over 20 lbs and no pushing and pulling, so light duty only. My employer
has that paperwork. They said they cannot accommodate that but when after I have my baby o can reapply and possibly have to go on another shift. She was careful not to say fired or terminated
but said I’m not terminated but will have to reapply, so basically the same thing. I have not been there a year to receive FMLA. So is this legal or not since I’m not getting to work?
Asked on May 1, 2018 under Employment Labor Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Does your job require as a core or imporant part of it being able to life over 20 lbs and push or pull? Can you do your job--not a different job that may or may not exist at your employer, but *your* job--without lifting, pushing, or pulling?
If you can do your job with these restrictions, even if it's somewhat inconvenient for the employer (e.g. nurses also help put away medical supplies or clean up, and those things, which are not core or essential parts of your job, would have to be done by others), they have to accommodate you and let you work.
But if you can't do your job with these restrictions--for example, you must be able to support or reposition patients--then they do not have to accommodate you and can suspend or terminate you. A "reasonable accommodation" as required by law is a change that still lets you do the core or essential functions of your job. If you can't do those core or essential functions, they may suspend or even terminate your employment, since the law does not require them to give you a different job, make up a new job for you, or pay you for not doing what they employ you to do.
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