Among other benefits, they […] Certainly there are situations when limited activity or lifting restrictions should be observed. Each of these factors could make a difference. This document is ADA-focused, but can be used as a guide to make a written request for job-related modifications in general, under the PDA or other laws, if ADA is not applicable. (Continued on page 5) An employer must treat preg-nant employees the same as non-pregnant employees. �D��2�N �^�_䃘���=��GB�GD�d��f[5;H���h��ۇ���C��L4����4b�|��U���6�8G���q��o�RcR�������\�4ؾκ(�� O��� >"�R�P.�P����9�m*[:�olm��i9Yfc3�\"C�ά�Ș�[H�uW�}��{�>�4�3��@Ɍ If an employee isn’t ready or able to return to work after those 12 weeks, however, she can be let go. After an accommodation is requested, an employer must determine if the employee qualifies and if the accommodation that is being requested is reasonable. New Patient Appointment How high are the objects lifted? An employer can request reasonable documentation of the employee’s limitations if this is what the employer requires of employees who seek workplace changes for reasons other than pregnancy. A woman’s doctor placed her on a lifting restriction during her pregnancy. To learn more about your rights under the PDA, ADA, FMLA, and state laws, see the following resources: EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues (EEOC, 2014), Questions and Answers about the EEOC’s Enforcement Guidance on Pregnancy Discrimination and Related Issues, The U.S. Department of Labor, Wage & Hour Division — FMLA information. In general, however, most healthy women can continue to safely work through pregnancy, and many employers are willing to provide reasonable workplace accommodations. (800) 526-7234 (Voice)   |   (877) 781-9403 (TTY)   |   Live Chat, Home| About| For Employers| For Individuals| For Others| On Demand, Feedback| Accessibility| Copyright| Disclaimer| Privacy, accommodation ideas for workers who are pregnant, EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues, A Farmer in Our Midst – An Interview with JAN’s Own Dr. Beth Loy, Accommodation Strategies for Returning to Work During the COVID-19 Pandemic, Reflections on the 30th Anniversary of the Americans with Disabilities Act (ADA), Coronavirus (COVID-19), Stress, and Mental Health Conditions, The ADA and Managing Reasonable Accommodation Requests from Employees with Disabilities in Response to COVID-19, The Americans with Disabilities Act (ADA) at 30 – A Piece of JAN History. More in: Have an honest discussion with your provider about what your job really entails and what kind of accommodation your employer might reasonably be able to make. In Young v. United Parcel Service, a pregnant employee requested light duty after being advised by her doctors to lift no more than 20 pounds.UPS’s policy required an employee in … How often is the woman lifting these objects? Get our occasional alerts about new blog posts, upcoming events, opportunities, and more. Template Letter – Light Duty Job Offer (Temporary Alternative Duty) (To be used by HR/Department HR) Note: L&I requires a written job offer letter in this format to discontinue wage payments if light duty is not accepted by injured worker. One article that really made an impression on me last year was “My Obstetrician Got Me Fired.” It opened my eyes to what the consequences of routine activity limitations can be and the importance of what we put in these letters. Find a Location, Appointment COVID-19 Update: Information and resources can be found here. Those requests are easy for an employer to accommodate while allowing you to continue doing your job a little more comfortably. If you work together with your doctor, you should be able to find a solution that works for both your health and your job security. Under the PDA, a covered employer is responsible for making job-related modifications [also thought of as accommodations] for pregnant workers that are similar to those made for other employees who are temporarily unable to perform job functions. A common recommendation is to not lift objects heavier than 20 pounds during pregnancy. This is sufficient to establish a request for accommodation and then that is when the interactive process begins. Accommodations can include a modified schedule, ability to have snacks or drinks at a workstation, a modified attendance policy, frequent breaks, light duty, or leave, among other solutions. or 214-645-8300 No particular law must be mentioned in your letter, but you’ll want to explain what medical limitations are affecting your ability to perform job functions. M��������=���Y|���K�)vST�����f_����Ce:�����!��me͒|���i7�.�Ɍ&��H�n�����l pregnancy, When a last-minute conflict meant she didn’t have anyone to watch her 3-year-old, she did what many pregnant women do – she went to work and got the job done. For example, does your employer have a policy of giving light duty only to those with on-the-job injuries? Appointment Is she lifting objects from the floor? Many companies have light-duty programs for injured workers. Changes in the interpretation of the definition of the term “disability” resulting from enactment of the ADA Amendments Act (ADAAA) make it easier for workers who are expecting who have pregnancy-related impairments to demonstrate that they have disabilities for which they may be entitled to reasonable accommodation under the ADAAA (EEOC, 2014). Most women report standing as the most frequent physical activity associated with their jobs. But there is even less research about the impact of standing during pregnancy than there is on lifting. S�br�� If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law. The Family and Medical Leave Act allows for some employees to have 12 weeks off during pregnancy with their jobs protected. Another study suggested frequent lifting of heavy objects by women who didn’t work outside the home (but not by women who lifted at their jobs) led to obstetric complications! The things women do – especially pregnant women – to keep life on track can be pretty incredible. For more information about pregnancy, labor, and delivery, sign up to receive Your Pregnancy Matters email alerts when we publish new stories. It’s critical that you give your obstetrician detailed information about your job’s duties before he or she writes a note that would limit your activity. Email us today! But the last thing any of us want is for a patient to potentially lose her job (and employee insurance benefits) because our note requested a change in job activities that wasn’t really necessary. %PDF-1.3 %���� Skip to Site Navigation New Patient Appointment a�)f0 �_�+���1|(�m�!��>�WY��� exercise. JAN offers a document to guide employees in drafting a written request for accommodation. Skip to Page Content. Her employer had a light-duty policy for workers injured on the job and told her the restriction meant she effectively resigned from her job. The Act prohibits requiring an applicant or employee to accept an accommodation that the applicant or employee has not requested or an accommodation that is For information about accommodation ideas for workers who are pregnant, see the JAN Website. or 214-645-8300, Appointment New Patient Appointment, Appointment You don’t have to be an expert in the laws, but it helps to know which laws can apply to your situation. The ergonomic baby carrier holding the 3-year-old in the photo, for example, is acting as a counterweight for the woman and giving her back a break. You can also make an appointment to see one of our specialists by calling 214-645-8300. The U.S. Department of Labor also maintains a Website that provides information about state-level employment protections for workers who are pregnant or nursing. Turns out the woman is Dr. Megan Meier, a family medicine physician in Oklahoma who practices sports medicine. There are also many state and local non-discrimination, pregnancy-disability, and family leave laws that apply to workers who are pregnant. JAN Consultants can assist workers who are pregnant and their employers by offering information and technical assistance regarding applicable laws, guiding them through the interactive process, and providing accommodation solutions and resources. If your job does involve a lot of standing, I think it’s reasonable to ask for a stool or chair, more frequent rest breaks, and a loosening of footwear requirements. You do not need to have a pregnancy-related disability to have rights under this law. Sometimes it’s useful to have a paper trail in case there is a dispute about whether or when you requested an accommodation. Light Duty Job Offer Letter: Temporary Alternative Position (updated 5/17/12) WORKERS COMPENSATION . Organisations must ensure that duty of care rresponsibilities are met when managing pregnant (or potentially pregnant) employees and that a risk assessment is undertaken. An employee who is pregnant can be held to the same production standards as others in their job category. S���e�H��c��ݿ ��1l��FE&B�!����e���R���d}�07�m�ǝa�Hs��JX*u�p�CnL�ە��ס�l�H��Άs�r������O����+\��BAe�2���벷O�����a�'�,����찐�dϘ���x�����D�j��̿����!�8���l6ۢޑgۯI�l�~�z�D�%��$����,�1tx�R�x�},���.��|̫N1=U��M�!e�T���%$�g���ċ��*�v�vqI�mD�e��$7��65��fGLYlن���K���eؙL�>�)L�ִ]Sٮw�-mQwd;�]6��IeW�#b��Ii�Id��l���zJN)&���D��g�lrj��;0-��aC�M3��צ�߄<7C�"uĴ�x��違_�g�b\�LR%�j�G�Yl���kQ�x�rh�>Ȩ��@L�s���G!w*B��Dk�57�O��Z U�#� Employers are not required to change or eliminate essential job functions or lower production standards as a reasonable accommodation. Pregnancy-related limitations are complicated, and women and their physicians have much to consider before submitting a work restriction note to an employer. As health care providers, we are committed to keeping you and your baby safe throughout pregnancy. Because the evidence isn’t conclusive, recommendations by obstetricians have been all over the place. Let’s stay in touch! Have a question or an idea for a story? Dallas, TX 75390, © 2020 The University of Texas Southwestern Medical Center, What to do when pregnancy becomes a pain in the tailbone, Brain tumor surgery with quadruplets on the way: Katie's extra-complex pregnancy, Know the risks of taking ibuprofen, NSAIDs during pregnancy, Carpal tunnel syndrome and pregnancy go hand in hand, What causes nosebleeds in pregnancy, and tips to manage them, Baby (and tissues!)

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