What to do if I’m 23 weeks pregnant and have been put on bed rest, I would like to work from home but employer won’t allow it.

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What to do if I’m 23 weeks pregnant and have been put on bed rest, I would like to work from home but employer won’t allow it.

I want to work from home instead of taking disability or FMLA leave. Employer has at least 6 other employees that work from home previous person in my position worked from home full-time.

Asked on December 16, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An employer is not required to allow people to work at home--and even if it has allowed some people to work from home, it is not required to let everyone do it. It is allowed to make decisions about how to run its workplace and utilize its staff, such as whether your job, or you yourself (i.e. how you work; your degree of initiative, responsibility, etc.) lends itself to working at home. If you are eligible under the law for FMLA leave or disability, taking those are your rights and options--you cannot force the employer to let you work at home if, in its business judgment, that would not be a good idea.


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