Forced Family Leave Prior To Delivery Date - Massachusetts
Hello!
Location: Massachusetts
I am late 9th month pregnant and approaching my due date. I am a mental health therapist in Massachusetts for a company that has already pulled some weird business on me before.
I advised them of my pregnancy and due date in advance of the one month requirement for the state’s PFLA.
However, less than a week ago, I was told that I would be required to cancel all my clients the week of my due date and begin leave - unpaid - that week to complete administrative tasks. I was also planning on working up until my delivery date, because I cannot be without a paycheck for 15 additional days (the final day I could feasibly be pregnant is 41+4, per my medical team). We all know that babies come on their own time.
For context, I receive an hourly pay per client I see. That hourly pay includes all administrative tasks I’m required to perform and I receive nothing else regardless of how long those tasks take to perform.
I just looked it up and I found this Massachusetts statute:
https://www.law.cornell.edu/uscode/text/42/2000gg-1
42 U.S. Code § 2000gg-1 - Nondiscrimination with regard to reasonable accommodations related to pregnancy
It shall be an unlawful employment practice for a covered entity to—
(4) require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee;
Does this mean that they cannot force me to take leave prior to my stated intent to work until my due date?
Thanks in advance!
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