Pregancy Discrimination......tell if I am crazy & reading this wrong!

OK....so yesterday after work the boss asked me to sit down with him. He told me 2 things:

1. He will need to change my schedule. He says it is due to needing to get someone els ein the loop & trained to do my job while I am out after having the baby. I cuurently have alternate weekends off plus one regular weekday day off every week. (4 weekend days per month). I was given this schedule about 2 1/2 years ago. I worked almost 5 years to get this much weekend time off & this is seen a perk in our place.


2. I will not be getting paid for my maternity leave (6 or 8 weeks depending on delivery is all I was hoping for.). At the beginning of this calender year, another full time employee (in a lesser position as me as a matter of fact) was paid their normal salary after needing emergency surgery. They were out 6-8 weeks approx. I know this because it was mentioned in passing to me. It could easily be proven by checking payroll I am sure.


Pregancy Discrimination
This CLEARLY states that at least #2 is illegal. He offered this to another employee, why not me now?

Am I off base with feeling like I am being punished by having my weekend time taken away?

Am I off base feeling like I am not getting paid because I am having a baby? Meanwhile others get paid.

THIS IS THE STATEMENT I AM REFERRING TO :

Fringe Benefits
"Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy related conditions if benefits are provided for other medical conditions."

"If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy related conditions."




THIS IS ALSO OF INTEREST TO ME.

"Employees with pregnancy related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits"




Thanks for looking! Off to work so I will check in later!

Re: Pregancy Discrimination......tell if I am crazy & reading this wrong!

based on what you posted, if the other employee did in fact get paid for leave, then yes, that is discrimination.
i am not sure about the change in schedule, though...

your first step is to document EVERY conversation you have with your employer.

if showing them what you found doesn't work, i would contact a lawyer.

good luck!

Re: Pregancy Discrimination......tell if I am crazy & reading this wrong!

Unless there is a company policy in writing they can do whatever they want. In NYS, you are only eligible for 6 or 8 weeks leave and you can get the measly NYS Disability. If you have a job where there are more than 50 employees, and you have worked there a year, you are eligible for FMLA leave for up to 3 months, but that is unpaid.

Iraq has a better maternity policy and I am not even kidding you

Message edited 12/28/2007 8:00:14 AM.