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re: OT Lawyers, regarding the workplace.

Posted on 9/28/15 at 1:03 pm to
Posted by madmaxvol
Infinity + 1 Posts
Member since Oct 2011
19227 posts
Posted on 9/28/15 at 1:03 pm to
quote:

Long story short. Involves pregnancy, cleared by doctors to continue working, employer places employee on FMLA anyway.


More information needed...make short story, longer. What is the job? How familiar are the doctors with the job tasks and the work environment. If the employer believed that the employee and/or fetus are at risk by working, then they are within their rights to prevent the employee from working until after the baby is born.

Posted by poule deau
Member since Jan 2009
1407 posts
Posted on 9/28/15 at 1:08 pm to
quote:

If the employer believed that the employee and/or fetus are at risk by working, then they are within their rights to prevent the employee from working until after the baby is born.


You sure about that?

I can't imagine an employer going against a written doctor's opinion. way too much liability. That is just asking for unnecessary legal issues.
Posted by TheBob
Metairie
Member since Jun 2005
16935 posts
Posted on 9/28/15 at 1:09 pm to
Office Job, not sure how familiar doctor is with day to day tasks. Employer has been placing more stress on pregnant employee by loading her up with more work than normal due to the employer personally disliking the employee.

Shouldn't this be considered discrimination under this?

Louisiana
Pregnancy Discrimination

Louisiana law prohibits employment discrimination on the basis of an employee's pregnancy, childbirth, or related medical condition. The law applies to all employers with twenty-five or more employees within Louisiana.
La. Rev. Stat. § 23:342.

Pregnancy Accommodation and Pregnancy-Related Disability

Employers must provide female employees affected by pregnancy, childbirth, or related medical conditions the same benefits or privileges of employment that are granted to temporarily disabled employees, including leave benefits and transfers to less strenuous or hazardous positions. An employer must grant a request for a temporary job transfer so long as it can be reasonably accommodated.
Employers must also allow employees to take pregnancy-related leave for as long as they are disabled on account of pregnancy, childbirth, or related medical condition, up to four months. This applies to all employers with twenty-five or more employees within Louisiana.
La. Rev. Stat. §§ 23:341-342.
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