I need some advice.

70 Comments

1. Jenn SweeneyApril 24,2024 at 1:35PM UTC

   Get yourself to an employment lawyer.

2. Beverly MolnarApril 25,2024 at 12:24PM UTC

   I can’t believe you are the only one who suggested this. She is being discriminated against due to a disability and she has legal options.

3. maria roseApril 26,2024 at 4:13AM UTC

   Did you offer her options or just tell her to get a lawyer. She describes all the accommodations given her because of her difficult pregnancy, plus the fact she has a government job but no mention was made about her plans beyond working while pregnant and the fact that she got accommodations is a big positive. But the job can still have conditions of their own. Her original job was not telework but was allowed as an accommodation to be telework EXCEPT for the one day a week requirement. The job doesn’t have to accept her switching assignments to avoid coming in for the single day of the week requirement. If she has a doctors note that states that commuting is harmful to her health pregnancy they will accept that BUT they can also not pay her a full paycheck because she is not fulfilling her responsibilities to the job. They are not obligated to accept her change in duties if they are not satisfied with that arrangement. It’s a 2 way compromise, she gets paid to do the assignments they give her and come in to the office once a week. She now needs a new accommodation excusing her from coming in to the office for which she will have to provide a different doctor’s note for that to be considered. She can’t make her own accommodation decisions about this by switching assignments without approval. If her goal is to go entirely telework and continue telework she has to realize that she is switching positions from the job she currently has—it may be classified as a different job description with a different pay grade, which is why she needs to clarify this with HR and accept whatever changes she might have in pay grade to accommodate her physical needs and ability to do the job as required by the job description. She can also just go on a leave of absence under the FLMA program which is a whole different approach and may not include any pay but does include her position ( the one she was hired for) will remain available until her return to work in full capacity. She is not being discriminated against by this government job, and has been given major accommodations for the multiple times she needed off and allowed to telework at present but the job is still expecting her to do her job as they expect which includes the one day in office. Again if she wants to switch to a just telework position she needs to make that clear and accept whatever works for the job requirements not her version of the job description. The employee doesn’t decide the job requirement the employer determines that. She obviously wants to work through the pregnancy and her employer has been very accommodating, but all she can do is ask for accommodation but she may not get exactly what she wants, which makes it a take it or leave it situation. And she has to look at the situation beyond during the pregnancy as to whether she is thinking or planning what to do after the pregnancy in terms of continuing employment which I am assuming she has some kind of plan. As a woman who is working and pregnant there is still the future to consider if she plans to continue working unless she is going to take a break from work for a few years. I understand that today’s younger generation of workers only plan work in shorter periods of time than previous generations, but in terms of asking for accommodation at the job because of physical limitations ( whatever is causing the individual to not be able to do the job as originally hired ) the job doesn’t have to make the accommodation available as desired. I hope that this OP has a healthy child despite the difficult pregnancy.

4. Beverly MolnarApril 26,2024 at 5:11PM UTC

   Did she say she wants to continue telework after she has the baby? I don’t think so.

5. maria roseMay 3,2024 at 7:55PM UTC

   That's the conundrum of this post, the OP has not mentioned anything about their future work goals beyond the present, which in their mental state is dealing with the unexpected physical pregnancy effect on their body and dealing with keeping the accommodation switch as a permanent alternative to telework versus the actual job hired for before pregnancy. The OP was given various options that mention getting that doctor's note statement to help eliminate the need to physically be in the office as the job has requested--we don't know the exacts of the job, but there's probably a reason for the one day a week in office from the employer's viewpoint but that is contrary to the expectations of this OP, who is also dealing with a difficult pregnancy, which we were made aware occurred shortly after stating this current position that has a probationary period. ( Knowing the government-type jobs, that are written right in the hiring paperwork, that you need to maintain working in the position hired for a set amount of time. So her accommodations given that changed her job duties --not her job role-- for the temporary period she is pregnant --is not a permanent situation, BUT we also don't know what are her plans after giving birth, which at this point of the pregnancy should also be included in her discussions about her job accommodations and her perception of what she wants her job to be since she likes it to be fully telework and wants the job to accept her doing the job fully telework. She has to include her plans for after the birth, the maternity leave time, and return to work plans at this point going forward, so that any accommodations can be made and her job position future is clarified. Her job appears to be following the letter of the laws in place and she can request explanation help to understand what she might need to do ( provide documentation) to switch to a full telework position now and for the possible future continuation of employment which we don't know if she has yet to have considered given her pregnancy. We are trying to give her support via the employment laws in place for both the pregnancy needs and work at present and also inform the OP that this pregnancy also has to include what comes next after if continuing the job is the goal or not.

6. Jenn EtheridgeApril 24,2024 at 1:48PM UTC

   If the concern is about driving to and from work, but you would otherwise be able to work from the office, can you request that they cover car service to/from so that you don’t have to drive? Could be an alternative accommodation to help with the situation…

7. CJB62April 25,2024 at 12:49PM UTC

   Depending on where she lives relative to her office, publication transportation may not be an option. And doubtful the company would pay for an Uber.

   To the OP - would taking disability or FMLA be an option? Or starting your maternity leave early? Some context - when I was pregnant I had to be on best rest the last 5 weeks of pregnancy. I went on maternity leave, had to come back earlier

8. AnonymousApril 24,2024 at 2:08PM UTC

   In order to keep you and baby safe you might need to work from home and let them fire you. You have exhausted all solutions and they are not budging. They are unfortunately able to legally insist on in offer work.

9. AnonymousApril 26,2024 at 12:48PM UTC

   Not if she has a doctors note saying she can’t work in person!! It is federally mandated that they have to accommodate her. OP, please speak to an employment attorney asap. You are getting terrible advice from people who are not informed on this topic.

10. maria roseApril 24,2024 at 4:26PM UTC

    Understandably you didn’t expect that any of this would have occurred prior to your pregnancy and only because of your pregnancy have you had to make adjustments to the way you do your work . You didn’t mention anything about your work being teleworking prior to your pregnancy ( let’s call it your disability status at present) but your work accommodated your doctors note asking for a telework accommodation, which they did, except for the once a week requirement which you are having physical problems with doing because of the nature of your disability. You want total telework right now but admit you can only do 95% of your job in telework and make up the rest by doing someone else’s work to equal out ( in your mind) and eliminate the need for you to be present in the office. But that’s not how work accommodations are made—you don’t control the requirements of what is required, The job creates the adaptations that will best suit their needs and work within your limitations. You expect full employment status doing an adaptation of the job that prior to your current disability was an in the office all the time position but they accommodated you with allowing you to telework most days, take time off because of symptoms, etc., and still have you on their active payroll. Yet you want to have your job covered to a totally telework position without having a sit down conversation about this and how going fully telework effects your job position in salary, benefits etc because you are only looking at the here and now of your present situation. If you are trying to go fully telework at your job it may mean a complete job reclassification position. You did say this was a government job position and those jobs have specific requirements per position that have to be met. So going full telework would mean a completely different job position. You need to discuss your long term employment position beyond today’s need as to how your present disability effects your employment. If not going to work at the office effects your paycheck, then that’s an acceptable accommodation and you get to keep the job position doing only telework. But to keep your present salary at the salary received does mean doing that one day in office. You don’t need to physically drive yourself into work, there are good acceptable alternatives as noted —car services even public transportation. You did start this job position working in the office more than one day a week and you were not hired for a full time telework position.

11. AnonymousApril 24,2024 at 9:20PM UTC

    Excellent response.

12. AnonymousApril 25,2024 at 1:06PM UTC

    I'm seeing a lot of accusatory language in your diatribe disguised as a comment. Lots of "YOU DID" and "YOU SHOULD HAVE". Some women have difficult pregnancies. And even today, so many people expect accommodations to be made because they're still frightened about contracting COVID, when all they really need to do is wear a mask, wash hands frequently, etc.

    Based on your comment, she's supposed to put herself and her baby in danger. But giving her cold hearted ultimatums is SOOO easy for employers, even the government. Yet they want/love to complain that "Nobody wants to work anymore". No, they want to force people to show their faces at work and be in agony all day, or cause someone to have to be rushed to the hospital. But hey, they're the bosses, they can do anything they want, right???

13. Beverly MolnarApril 25,2024 at 6:05PM UTC

    Thank you for saying this. My jaw dropped when I read her response.

14. Stephanie Branch LekowskiApril 25,2024 at 7:43PM UTC

    You're welcome ?!

15. Beverly MolnarApril 25,2024 at 6:14PM UTC

    Good grief, have you never heard of FMLA? Do you know nothing about disability accommodations? Why would they have to rewrite her job description due to a temporary situation (pregnancy only lasts 9 months, you know)? This is the most ill-informed comment I have ever read.

16. AnonymousApril 25,2024 at 9:52PM UTC

    What the hell are you talking about??? It's called FMLA. Pregnancy is not a disability that requires a cut in pay because the medical doctors say working from home will keep her and her baby safe. She isn't taking a lighter workload; she's actually taken on more responsibility. I weep for anyone who works with YOU.

17. maria roseApril 26,2024 at 3:11AM UTC

    Dear anonymous reader—the job has already adjusted the way this individual is working because of issues with their pregnancy and the OP has yet to go out on any leave of absence which is why I recommend that they start considering the long term options including taking FLMA if they need to. But you failed to read that fact that this OP is still at work and is trying to stay working, hopefully until right before giving birth, so they are not using any unnecessary PTO .

18. Beverly MolnarApril 26,2024 at 12:37PM UTC

    Then her rights should be covered by the Americans with Disabilities Act. Her employer is obligated to provide her with reasonable accommodations under FEDERAL law.

19. AnonymousApril 26,2024 at 2:23PM UTC

    You failed to see that I pointed out she has taken on more responsibility. So, yes, I know she’s clearly still working.

20. AnonymousApril 26,2024 at 7:21PM UTC

    You are misinformed and sound like a nightmare to deal with.

21. AnonymousApril 27,2024 at 2:53AM UTC

    Wrong. The only question is, "can she perform the essential functions of her job with or without a reasonable accommodation. If the answer is "yes", then she is a qualified individual for the job. The 5% of the job she cannot do from home may be a marginal function. It's funny, no one here mentioned a position description yet. Please review that for the essential functions of your job and go from there. Keep in mind though, as you are only a year in, it is very easy to come up with justifications s to why you did not pass the probationary period. Also remember HR is not your friend. They will definitely assist management in coming up with reasons for your termination. You may need to hire an attorney but bear in mind, it is an expensive expenditure.

22. AnonymousApril 25,2024 at 2:49PM UTC

    That’s illegal.
    THEY HAVE TO FOLLOW PREGNANCY ACCOMMODATIONS. Keep your doctors notes. Contact EEOC and employment lawyer. Once you’ve contacted them, notify HR to give them a chance for positive intent and to give them yet another chance to follow the lawful accommodations. I’m so tired of companies mistreating their employees… makes me sick.

23. AnonymousApril 25,2024 at 4:41PM UTC

    Get a good attorney! It's truly a sad state of affairs if the federal government won't protect the lives of expectant mothers even when there is a law that says they need to. Don't let them get away with this. Contact your local lawyer referral service or bar association and ask for their help to find you someone who specializes in this. They should be able to draft a letter that will protect you during and after this time period.

24. AnonymousApril 26,2024 at 12:26AM UTC

    I know from experience, the federal government doesn’t like telework because getting people to commute to an office boosts the economy. whatever.

25. Maria KeezerApril 26,2024 at 12:31PM UTC

    My experience is that if you dont speak up, you may be next or as another poster stated, he will assume you spoke. My advice is- make sure you document everything, clearly communicate your fear of retaliation and that you educate yourself on what you need to have as proof of retaliation as a precaution.

26. AnonymousApril 26,2024 at 12:39PM UTC

    File for FMLA immediately. They have to accommodate you.

27. Heather Stewart BrownApril 26,2024 at 12:43PM UTC

    You have to be there past one year to be eligible for FML

28. AnonymousApril 26,2024 at 12:43PM UTC

    Unfortunately it appears she’s been there less than a year, in which case she is not yet eligible for FMLA.

29. Cheryl BeanApril 26,2024 at 12:47PM UTC

    Not if she has worked there less than 12 months

30. AnonymousApril 26,2024 at 12:51PM UTC

    FMLA would only apply if she’s been at a job for 1 year. Doesn’t sound like she’s been there that long.

31. misskelleypApril 26,2024 at 6:48PM UTC

    she's been there less than a year, FMLA doesn't apply.

32. AnonymousApril 26,2024 at 7:02PM UTC

    You are absolutely right!! I missed that in the original post. She doesn’t qualify for FMLA.

33. Tanya Ward JordanApril 26,2024 at 12:52PM UTC

    As an advocate for federal workers and a career civil servant, I can tell you the system of worker protections is broken. Despite what people believe, the government is not a "model employer. " With that said, I'm sorry to hear you are facing this situation. Probationary employees have fewer protections than career employees. However, if you chose to...you could file an. EEO complaint. You would first have to request counseling with agency EEO office. But, it would be advisable to talk to a civil rights attorney who "specializes in federal" matters. Google to find. Some offer free phone consultation. It appears you may have a case under the Rehabilitation Act and/ or Pregancy Workers Fairness Act. But know...if your agency is intent to fire you, they might do so regardless. The EEO process merely offers you recourse in case it happens or best scenario the case could settle before agency decides to act on termination.

34. Connie23April 26,2024 at 12:59PM UTC

    Did they tell you they felt you were exaggerating?

    if you have a Drs. Order to work from home (whatever reason) then this should be recognized and in my option has to be accepted..

    Beat of luck with your pregnancy. I hope things get better.

35. AnonymousApril 26,2024 at 1:05PM UTC

    Suggest you contact an employment attorney

36. AnonymousApril 26,2024 at 1:09PM UTC

    FMLA is for time off and doesn’t cover accommodation, the ADA does. If you file for FMLA the leave for issues while pregnant can count towards your 12 weeks maternity leave. The Pregnant Workers Fairness Act went into effect June 27, 2023. It covers all federal employees … you may have better luck with that. I found it at EEOC.gov.

37. AnonymousApril 26,2024 at 1:20PM UTC

    I don't think we're getting the entire story here. You said "I'm afraid if I go back too soon, my symptoms will ge worse again"....So, are you still working from home because you are fearful , or because your healthcare provider is stating that you NEED to work from home right now? I think there might be more going on here than what's been explained to all of us. and I have absolutely NO DOUBT that this has been a challenging pregnancy- prayers for you~~~~!!! But HR can only go by what your OB/GYN says, etc-- and being the federal government, I am sure they are going by the "book" on this. Talk with HR and make sure you are toe-ing the line on all policies- FMLA, sick time off, everything. About the telework accomodations: It sounds like you want to be able to work from home, but that's not what is expected. I know that's frustrating. But unless your healthcare provider says that you must continue working from home, you'll have to go back to the office. I feel like you've been traumatized by how difficult this pregnancy has been, and that's a piece of what is going on here. Do you have someone to talk with, a therapist, trusted counselor/friend/pastor/parent? and yes, this is concerning since you've only been at this job for < 1 year---Get the notes you need from your doctor and press on. Confront some of the fears you have (understandable) and do whatever HR requires. it's my best advice. God bless you and baby.

38. AnonymousApril 27,2024 at 2:38AM UTC

    Are you serious that because it is the federal government they are going "by the book"??? Just because the government is supposed to be the biggest proprietors of diversity, equity and inclusion in the workplace, trust me when I say, they are not! Try telling that to all the employees who have filed a disability discrimination claim with the EEOC because they are doing the exact OPPOSITE of going by the book! Then, using taxpayer dollars to defend themselves for their behavior and circling the wagon to justify the offender's behavior. Oh, and that includes HR too!

39. Sheryl AlualuApril 26,2024 at 1:55PM UTC

    Amazing how most professionals have an unhidden desire to appease our Boss and Employer. Right now, it is time to be selfish. You and your unborn child are at risk. Let your OB/GYN instructions regarding you and your baby's health guide you into your decision. I understand that you also want to appease your team's outlook on your situation...But...the only team right now you need to fight for is you and your baby,

40. AnonymousApril 27,2024 at 3:54PM UTC

    Her non-pregnant coworkers may not share your opinion. If you choose to have a baby, it’s not the team’s fault.

41. AnonymousApril 26,2024 at 2:04PM UTC

    I work in local government HR and I know how government can be when it comes to ADA and FMLA. My suggestion to you is that you start (if you aren’t already) documenting all interactions with both HR, your boss, etc and consult an attorney. I mean every email, every comment, everything. I know it’s stressful but good luck and take care of yourself and your baby first!

42. AnonymousApril 27,2024 at 3:53PM UTC

    They aren’t FMLA eligible. Not at the job long enough.

43. AnonymousApril 26,2024 at 2:28PM UTC

    1 word. DOCUMENT.

    Start building your case and send written follow up emails to serve as your paper trail. “I’m sending this email to recap our conversation on XYZ at X time via Teams to ensure that I am understanding you correctly. We discussed ABC. I told you that I have a doctor’s note and requested reasonable accommodations as a protected class. At that time, I was notified that if I do not return to work “you [I] will be terminated.”

    Please let me know if I misinterpreted your statements and/or need to escalate to our HR agency to review the probationary period policy specifically as it pertains to medical conditions and reasonable accommodations to telework. Furthermore, help me understand what core job functions cannot be completed to satisfaction while I telework, or any other concerns that are preventing me from teleworking.

    Overall, I am seeking to understand your stance because this seems like I am being subjected to pregnancy discrimination.

    Thank you for your time and understanding. I look forward to seeking an amicable resolution that works for both parties.

    Send this from your work email bcc your personal email and put a delivery and read receipt on the email. At this point, you just need to start building your case. If your state allows it record conversations. Some states only require one party (you) to know the conversation is being recorded.

    This is not legal advice. To preface, I did work an as EEO Officer in my past career. The BIGGEST pitfall was that employees did not have solid documentation but their managers did.

44. AnonymousApril 26,2024 at 2:48PM UTC

    I strongly agree with the advice on documenting everything: any and all conversations with a manager or HR regarding your telework requests including their approvals.

    It seems they’ve accommodated you before but one thing to confirm is if you requested to go through the Accommodation process at work. Once your need due to your (temporary) disability was identified, your employer would’ve and should’ve been required to go through the Accommodation process with you regardless (in accordance with ADA), but this is often a mismanaged process with employers. This would’ve required them to document conversations to understand your core R&R and if accommodation is possible. As they’ve previously accommodated you, I would think it’s not a difficult or financial burden for the company to continue accommodating you.

    Generally, most employers can fire you for any reason if they’re an at will employer. However it doesn’t mean their termination is legal. If it does go that route (hopefully not), as others have recommended, seek an employment and labor attorney as it’s likely a discrimination termination. Again, document document document!

    I am sorry this is happening. It is awful and no woman should have to endure this. I wish you luck in navigating this.

45. AnonymousApril 26,2024 at 3:06PM UTC

    So I think some people are missing this (and you didn't include it so let me assume here).. You said this is all within your 1-year long probationary period. What you failed to mention is how long within.. That's ok but let's break this down.

    First trimester is 3 months - You say you are out of that now, but were given an accommodation so I am going to assume you were already employed when you got pregnant. So lets say you worked a month prior to getting pregnant. At this point a month in you were asking for accommodations. Ouch.

    Then they accommodated but right as you were to come off telework accommodations you were hospitalized, so now 3 months on telework + 2 weeks off. Then 2 week outpatient where you couldn't work. 4 months if I'm following.

    So you would be 4/5 months along now and presumably only 6 months maybe into your job, but missed 3-4 months of that time easily with your pregnancy complications.

    If I followed all of that for over 50% of the time you've been in your new role, your coworkers have been making up for your slack. You admit that you can only do about 95% (you claim) of the job from home. You claim you are doing other duties to make up the work that your coworkers have had to take on. Are you aware that some of these people may also be complaining about the extra work put on them in your absence? Are you aware of a real need for this role to be filled and consistent? Without knowing what you do within the government its hard to gauge what your coworkers are having to take on because you are unable.

    I think you need to really take a look at what is more important, fighting an employer is not a good place to be. You may not qualify for FMLA because you haven't been at this job long enough. You may not qualify for maternity leave anyway. What are your plans if your last trimester seems to be on track to not go well? Perhaps your doctor is able to just write you a note to start bedrest now, etc. I honestly think you need to speak with your doctor and work from there. If you can get a note requesting bedrest for the rest of your pregnancy, there will be no question of accommodations. It sounds like that is essentially what you are asking for anyway - 100% telework for the rest of the pregnancy. Do you have a plan in place for if you have to use any FMLA leave now and won't have a maternity leave post pregnancy? Remember there are no protections once you have the baby and if you are still within the 1-year, which you could very well be, they can terminate you especially as it seems you are under performing at the very least (you say you are aware you are only able to do 95% of the job remotely).. If you won't be returning to work anyway, what harm is there to just leave in a good place. You haven't been there for long and honestly its always better to leave with a good recommendation than being fired. Best of luck!

46. Beverly MolnarApril 26,2024 at 5:05PM UTC

    I think it’s quite an exaggeration to say that performing 95% is “underperforming” and “slacking” but maybe that’s just me.

47. AnonymousApril 26,2024 at 6:06PM UTC

    Ya, definitely underperforming but to each their own and super easy to prove on the employer if parts of their job can’t be done telework but they’ve been given accommodation. If my job had a task or portion I’d just NOT done in 3+ months I’m sure the next convo would be a PIP because I was hired to do a job and getting to pick which portions of it work for you isn’t how normal jobs work.

48. Jessica BrightApril 27,2024 at 12:28PM UTC

    Seems like she clearly addressed this by noting her colleagues are covering the other 5% and she has taken on additional duties to even the load.

49. AnonymousApril 27,2024 at 3:53PM UTC

    Maybe The other employees don’t feel that way. Maybe it’s impacting the scope of other projects. All protection laws come with the caveat that there cannot be an undue burden on the organization. It sounds like this could be crossing a line with someone who is not FMLA eligible.

50. AnonymousApril 28,2024 at 11:13PM UTC

    very doubtful. from my experience - usually employees that complain like this are themselves underperforming to begin with

51. AnonymousApril 27,2024 at 3:52PM UTC

    I’m also going to assume the truth is somewhere in the middle. The employee feels everything is fine while employer feels nothing is fine. The reality is probably somewhere in the middle.

52. AnonymousApril 27,2024 at 6:24PM UTC

    This. It brings me so much sorrow to see how much internalized misogyny is in many of these responses. I remember a former female leader who literally cited the fact she wasn’t given accommodations as a single mother 17 years ago meant she didn’t have to give them now because she obviously made it without them.

    PS - I’m exhausted by policies that don’t reflect the full range of women’s experience. Example: if other staff have to pick up the slack, ask if they have capacity, offer to hire supplementary support, or pay that staff additional wages if they’re willing to take on the extra work load. Us vs. Us serves no one but the patriarchy.

53. AnonymousApril 27,2024 at 9:10PM UTC

    thank you so much for calling this out. Pardon my french but WTF is this. Some of the comments are appalling...dragging the poster through some "gotcha" math.

    Having covered inpatient ob/gyn services, this woman's pregnancy is clearly high risk and working even 95% of her job remotely is going above and beyond.

    I saw many women on the floors that needed to terminate wanted pregnancies because they were facing job loss. OBs have a high threshold for admissions. To be admitted 2 weeks? This is serious.

54. maria roseApril 26,2024 at 8:43PM UTC

    Finally, someone else is representing the situation in a real employment situation, and it includes options for continuing employment now, provided there are doctor's notes detailing the need, plus addresses the other "elephant in the room" what is the plan of action for the leave of absence time after the birth, and continuation of employment after the leave of action. Let's hope the OP will chose the best option.

55. AnonymousApril 26,2024 at 5:47PM UTC

    Did you reach out to the union for assistance? They are pretty good about supporting employees

56. AnonymousApril 26,2024 at 6:42PM UTC

    Check to see if the new Pregnant Worker's Protection Act applies to you. Go to your bosses boss. Go to your department head. It's not a good look to terminate someone who is having serious health complications. You might also speak to an attorney who specializes in Government Employers. Good luck.

57. AnonymousApril 26,2024 at 9:27PM UTC

    I'd highly recommend filing a complaint with the EEOC right away, that way if they do attempt to fire you for being disabled they'll get majorly in trouble for doing so. Make sure you provide ample physical proof to support your claim against them for refusing to provide you with a reasonable accommodation due to you being disabled. This way if they fire you or attempt to fire you due to your current condition, it will be considered retaliatory by both state and federal law, and they'll end up with major legal consequences that they won't like, especially since they know you are having pregnancy complications and refusing reasonable accommodations to you.

58. AnonymousApril 27,2024 at 3:50PM UTC

    If the employees condition creates an undue burden on the business all bets are off and the accommodation is no longer deemed as reasonable. The employer would highlight that they provided 4 weeks of leave and several weeks of telework but are unable to continue to do so. At best, she might get a small payout.

59. AnonymousApril 28,2024 at 4:32AM UTC

    If she can prove that other people are being provided with a hybrid model, that is mostly remote in the office, then that part of it goes completely out the window.

    A friend of mine had their employer threaten to fire them due to being disabled during covid when her employer attempted to mandate everyone back into the office, however, since they had the means and the ability and sent their employees home with a work provided laptop to work from home due to bad weather conditions, etc. they couldn't legally fire her, when her medical provider stated that she needed to be able to continue to work from home due to her being substantially disabled and the fact that her employer knew that she was disabled at the time that they hired her was able to be used against her employer, because they were fine with her working from home until the employer demanded everyone back into work.

60. Mary PoolApril 26,2024 at 10:24PM UTC

    You are within your first year and, if my math is right, you have missed approximately one month of work and not been onsite for four months. You didn't say how far into the year you are, but if it is half way, that is only two months of on-site work. Probably not what they had in mind when they hired you. From the EOC website: If a probationary employee requires reassignment as a reasonable accommodation, an employer cannot deny this accommodation solely because of the employee's probationary status. If, however, the employee has never adequately performed the job's essential functions, with or without reasonable accommodation, then the employee is not entitled to reassignment because s/he was never qualified for the original position. And that is it in the nutshell, can they reasonably claim you have never adequately performed the job's essential functions? If it were me, I'd do everything necessary to be there in person. They do not know you, they have no reason to fight for you. Let them get to know you and be invested in your pregnancy, then you will have a better chance of the outcome you desire.

61. maria roseApril 27,2024 at 5:40PM UTC

    And being a probationary period, the employee can be fired if they don’t meet the job requirements—probationary time is a given time for the employee to assume the job in all its needed requirements, regardless of their view of the what job duties entails. If their goal was to get a fully telework position they should have never started a position in a position that wasn’t telework. Especially since this job has a year probation period which is longer than most but that’s probably because once they pass probation, they are less likely to be laid off ( call it a perk of government employment). That does explain why this OP wants to keep their job. They also knew through their hire packet paperwork that they were not hired for a telework position but managed through doctor documentation to get that accommodation quite so after becoming pregnant and during their initial month leave of absence which they didn’t lose their job because the job followed the correct procedures for accommodating a pregnancy ( allowing time off without question for pregnancy issues, which falls under disability allowances) . The job is doin everything right within the law in accommodating this employee but she is also assuming that they understand all of her needs beyond what is given in the doctor notes documentation. At this point, given the timing of her pregnancy, it’s time to consider what plans she has for beyond her pregnancy and continued work, especially since she is still in the probationary period and may not achieve the year in active work before giving birth, given her current pregnancy issues. She will need to come to some understanding plan of action to help with utilizing any maternity leave of absence and possibly FLMA time off. This situation is not just about the employee’s needs but also her ability to work as hired for her continued employment. That’s if continued employment is her goal. Now if she has an alternative plan—working until giving birth and goin on a maternity leave and then applying for FLMA benefits, that’s a different avenue of discussion. I am only viewing this situation as a hurdle to overcome to continue working after the pregnancy and maternity leave. In either case, it is time for a discussion with HR .

62. Julie KarvonenApril 27,2024 at 2:58PM UTC

    https://en.m.wikipedia.org/wiki/Pregnancy_Discrimination_Act

63. Julie KarvonenApril 27,2024 at 3:07PM UTC

    If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing light duty, modified tasks, alternative assignments, disability leave, or leave without pay. An employer may have to provide a reasonable accommodation for a disability related to pregnancy, absent undue hardship (significant difficulty or expense)."[10]

64. AnonymousApril 27,2024 at 3:48PM UTC

    The caveat to that law and similar laws is that it can’t put an undue burden on the business. If the poster is being fully factual and she filed a lawsuit, she would likely win. But if the company was able to show that a month leave, plus limited duties, plus an impending maternity leave would dramatically impact their ability to function they can terminate this - I learned this during Covid and that return to work.

65. AnonymousApril 27,2024 at 9:03PM UTC

    hi there - i had hyperemesis and a few other surprises during my pregnancy. it was brutal to work. Other complications can be just as difficult. Work places have very little empathy for pregnant women. Go to the union ASAP, they don't work hand in hand with HR and if you don't alert them, HR likely won't. A few questions for you...Do you want to keep this job post baby? I'd think long and hard. If they are this antagonistic now, i shudder to think how they'll treat you when you're postpartum and have a newborn. Before starting, did you negotiate any mat leave with them despite being less than 1 year with them? Are the unemployment benefits worth the potential firing? What are your finances like? Can you handle the stress of hiring a lawyer and fighting this...if fighting them is your best bet, I'd hire one NOW. You'd be surprised how some employers change their tunes when you fight back. Also, can they help place you in a DIFFERENT position if they feel you cannot do this job?if you would rather take the path of least resistance, you can give the maximum allowed notice (some employers allow 60 days). They might let you go but pay you your notice which buys you time. Good luck

66. AnonymousApril 28,2024 at 4:26AM UTC

    I was wrongfully terminated from a job, and unfortunately you can't just go straight into a lawsuit against a former or current employer, you have to first file a complaint here in the US with the EEOC and then they'll give you a right to sue letter, which is required to be able to sue a current or former employer, or if their is extremely good evidence they'll start a class action lawsuit including the person that brought the original complaint against their current or former employer. It's also really important to file an EEOC claim before a person is fired when there are discriminatory or probable discriminatory practices going on with an employer, because then they can get in trouble for firing a person, because it's considered retaliatory until the investigation is fully completed which can take quite awhile to do.

    I was able to get my unemployment benefits only because I was able to prove that my former employer decided to retaliate against me for filing an EEOC claim against them, if it hadn't been for family and friends helping us out financially we wouldn't have been able to handle our basic bills, as it took almost 2 months before I got my first unemployment check.

67. AnonymousApril 28,2024 at 11:10PM UTC

    I agree with the EEOC complaint and that needs to happen if she wants to sue. She should file a complaint immediately.

    To help potentially slow her firing a lawyer might help. it'll get the employers' attention (maybe they can write a notice or letter to HR) and bring them to the table. the lawyer can help start a paper trail

68. AnonymousApril 28,2024 at 12:49AM UTC

    Have you been employed for at least 1 full year?
    Working for the federal government, I am aware of being in probation the first full year. Good luck to you and your little one. Remember a job is a job, your little one is family! I know the benefits are good.

69. LORI-ANN BURLINGAMEMay 3,2024 at 2:22PM UTC

    With over 30-years in the business world, your situation is not unique. Many people accept jobs just for the health or PTO benefits.

    I find it suspect that shortly after accepting the job -- you become pregnant and then want to do telework. During the interviewing process, did you discuss telework or plans for starting a family? Or, did you think that working for the government it would just be accepted?

    It appears that this was in your plans, but you may not have shared it with the them.

    Honesty is always the best policy.

70. AnonymousMay 3,2024 at 9:07PM UTC

    I mean…women get pregnant every day unexpectedly. I was told by numerous doctors that I would never get pregnant until I did. So no…it would not come up in conversation because it wasn’t the “plan.” The OP has been really sick, hospitalized and has doctors notes to back her up. Would you say the same thing to someone who found out they had a debilitating disease right after they started a new job? Geez…have some empathy.