02-16-2007, 09:01 AM
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Senior Member
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Join Date: Nov 2006
Posts: 456
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Quote:
Originally Posted by KayMMIV
i know she was made to sit on a bucket. i know because i was there. our manager does not feel there is room in the work area for a chair and that it would look bad to customers who came up for drinks and pastries to see an employee just sitting, so she had to sit on a bucket low to the ground behind the counter and machine where it wasn't visable. the question i am asking is is that legal or is there a legal way to get my manager to allow a chair to sit on. i'm trying not to borrow trouble by finding out first before it becomes the situation with me that it became with her. i have a wonderful working relationship with my manager now, but she did as well before she became pregnant. if it helps or changes the answer i (the same as my former co-worker) am full-time currently and have been with the company for three years. i have been full time for all but 2 months in the last 12, i was full time for 1 and 1/2 yrs then not for 2 months then have been for the last month again. i don't know what that might effect. i would very much appreciate any help in finding out an answer to my question. thank you again.
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If you're concerned about the effects of standing for long periods of time, consult first with your doctor. He can determine whether or not your pregnancy will be adversely affected by your normal work routine. If that's the case, he can recommend your limit or restrict the activity in writing. I'd be curious to see his reaction at the thought of offering a bucket as a solution; make sure his restrictions (if any) specifically address that if you're concerned and clearly state the recommended sitting height.
Once you have his recommendations in writing (in effect, a "doctor's note,") it should be presented to your manager and probably also to your human resources department as well. (They're well-versed in Missouri workplace/disability laws.) You're right in that this isn't the time to create a scene or tension in your workplace; you can discuss it quietly and confidentally in a meeting with your manager with your doctor's recommendation in hand. lIf your manager refuses, again contact your company's human resources department. More importantly, request a copy of an employee handbook (if you don't have one) and familiarize yourself with company policy for situations such as yours.
Thinking ahead, I'd also suggest that while you're doing this, you also inquire as to 1. whether or not your employment status there makes you eligible for the FMLA (Family Medical Leave Act) and 2. if it's standard company policy to keep positions open for other temporary medical conditions. If #2 is the standard policy, your employer must also keep your position open, or it can be considered as treating an employee differently because of her gender. It also helps to know if you have a job when you return from maternity leave. Just a thought.
Good luck. Please let us know how this turns out. 
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