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Old 02-13-2007, 02:55 PM
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Default workplace pregnancy laws?

I work in a "stand up" job and know that there are laws that your pregnancy has to be treated the same as any other medical condition, including allowing you to sit if you work at a "stand up" job. A co-worker of mine was recently pregnant and instead of giving her a chair to sit on they made her sit on a bucket, like a plastic bucket that's fairly low to ground, maybe 2 ft or so off the ground, not very comfortable. and now i'm five months pregnant and have not told them yet because of the issues she had. she ended up leaving altogether because of contractions at seven months. i was wondering if it was legal that they only provide a bucket for me to sit on or if that is something i need to take legal action on, since pregnancy is uncomfortable enough without having to sit on a bucket. i don't want to even tell them i'm pregnant and bring up the issue until i know the laws on it but i also know as i get later in the pregnancy that it's dangerous to continue standing for so many hours at a time. oh- i work in missouri, i know the laws are different from state to state. Thank you so much for any help!
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Old 02-13-2007, 03:17 PM
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Quote:
Originally Posted by KayMMIV View Post
I work in a "stand up" job and know that there are laws that your pregnancy has to be treated the same as any other medical condition, including allowing you to sit if you work at a "stand up" job. A co-worker of mine was recently pregnant and instead of giving her a chair to sit on they made her sit on a bucket, like a plastic bucket that's fairly low to ground, maybe 2 ft or so off the ground, not very comfortable. and now i'm five months pregnant and have not told them yet because of the issues she had. she ended up leaving altogether because of contractions at seven months. i was wondering if it was legal that they only provide a bucket for me to sit on or if that is something i need to take legal action on, since pregnancy is uncomfortable enough without having to sit on a bucket. i don't want to even tell them i'm pregnant and bring up the issue until i know the laws on it but i also know as i get later in the pregnancy that it's dangerous to continue standing for so many hours at a time. oh- i work in missouri, i know the laws are different from state to state. Thank you so much for any help!

How do you know they "made" her sit on a bucket? Did they say, "Sorry, it is against our policy to sit on anything other than a bucket?" You may be borrowing trouble. Why not simply ask for a chair, or better yet, ask for permission to sit and tell them as a convenience to them, you are providing your own chair, and thank them profusely. It may be possible that the person who provided the bucket is simply thoughtless, and doesn't realize how uncomfortable that would be. Why not discuss it before assuming there will be trouble? You never mentioned if the issue was discussed and if they declined to allow the other woman to sit on a chair. I cannot imagine having a policy that supposes workers on plastic buckets would work better, or faster than those that sat in a folding chair. This makes no sense.
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Old 02-14-2007, 12:05 PM
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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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Old 02-16-2007, 09:01 AM
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Quote:
Originally Posted by KayMMIV View Post
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.
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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Old 02-16-2007, 05:32 PM
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I suspect companies who force pregnant women to work eight hours a day sitting on BUCKETS so customers don't see them behind the counter don't have a real developed human resource department. Just a hunch.
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