Work Cannot Accommodate My Weight Restriction During Pregnancy. Is Termination A Legal Option?
Location: OH, USA
I’m currently 38 weeks pregnant and about 3 weeks ago my OB gave me a weight restriction of 15 ibs for the last of my pregnancy. I submitted this to my HR department the same day and these few weeks have passed and nobody ever mentioned it. Tonight, 3 weeks later, I came in to find myself no longer scheduled. The manager was not there but called me about 20 minutes into being there and told me that due to my weight restriction I would require light duty which they could not accommodate with my position, and told me I needed to leave. I was set to go on FMLA next Wednesday and only had 4 shifts left to work before then. I received absolutely no notice that I would be being removed from the schedule. Although this does cause me some financial hardship I’m not entirely worried about that but I am concerned as to where my position may stand. They never directly clarified to me on if this is just them removing me on their own accord, if they’ll expect me to backdate my FMLA so it can cover this too, or if this was just a termination due to me no longer being capable of meeting my work requirements although it was because of restrictions given to me from a doctor. I plan to contact my HR department tomorrow to see what exactly the case is. I’m just wondering if, considering this is restrictions given to me by a doctor due to my pregnancy, would terminating me even be a legal option? And does the fact they failed to notify me of this prior to just removing me for the schedule make any difference? Thanks!
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