What to do if I’m pregnant and was put on light uty but my employer just told me I couldn’t go back until I was off light duty?

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What to do if I’m pregnant and was put on light uty but my employer just told me I couldn’t go back until I was off light duty?

Im pregnant and my doctor put me on light duty. I went back to work today and left to go back home to wait on HR to call me. After waiting all day I get told that I’m not allowed to go back to work until I’m off light restrictions and that may be all 9 months. They said they only will work with people who got hurt at work with light duty. What am I to do? I can’t even get unemployment.

Asked on December 14, 2011 under Employment Labor Law, West Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are being discriminated against because of pregnancy and that is against the pregnancy anti-discrimination act. Immediately contact your state labor department and then contact a private labor lawyer or a legal aid society organization that handles such discrimination issues and make sure somone works on this for you immediately. Do not stress yourself out. Further, check to see if you (in the interim) qualify for short term disability and if you also can get FMLA leave through your employer. Seems to me they are trying to push you out for no reason other than the fact you are pregnant.


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