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Out of work while pregnant?
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Out of work while pregnant?

at my job, i lift around 20,000 lbs a day. i work for a grocery store wharehouse. anyway, i am pregnant, and can't do the lifting because i am on a weight lifting restriction. i applied for disability through work and they said "pregnancy" is not considered a disability. so what am i supposed to do? go back to work and risk losing my babies? hell no. not have an income and lose my house, car, and everything i own? isn't their laws protecting me from this? does anyone know if i can get unemployment while out of work? im very stressed because i dont know what else to do. ps i live and work in illinois


    




corgi1922
Pregnancy is not a disability but, if you live in the US, you are protected. Get a note from your doctor stating the amount of weight you are allowed to lift and present this to your employer. They must make a reasonable accomodation during your pregnancy.

Check out this website for more info: http://www.eeoc.gov/facts/fs-preg.html

If you are in the US you are LEGALLY protected from losing your job due to your pregnancy. (Remember that you are not protected from being terminated completely....if you don't show up to work without notifying (FMLA) or have poor work you can still be terminated).

Don't stress out. If need be contact a government authority for information. If you have worked for the company for at least 12 months and 1250 hours (typical for full time employees) you are also guaranteed 12 weeks of unpaid leave per 12 months.

Educate yourself.


Judy
Rating
You would probably qualify for FMLA leave, but that's unpaid. As far as paid disability, it depends on the policy or plan.

Good luck.


thenarcolepticone
Rating
Wish I could give you better news, but....
The Pregnancy Discrimination Act and Title VII would not apply here because you are not able to do the essential duties of the job. Giving you a desk job would not be considered a reasonable accomodation (unless there just happen to be one open, then maybe!) They are under no legal obligation to provide disability because you are pregnant(least by federal law, I am unfamiliar with IL state law), but they would be required to pay you if your Doctor certifies you are disabled and they normally pay out for other short term disabilities for men. Being pregant limits your ability to perform your job, but does not disable you normally (I have three kids myself, so I know there are times it does like high risk, etc). If you have been at the company more than 1 year and have more than 1250 hours, then you can take up to 12 weeks unpaid leave and your job is required by federal law to be available (or a job/pay equivelant) when you return.
That said, I PERSONALLY believe they should take care of their employees and try to find them another job (even if it pays less) to allow a check to keep rolling in for the employee.
State unemployment law varies, but most states do not pay unemployment to pregant women unless they are laid off, etc. (normal qualifiying conditions).
If you do lose your job, you might want to check into WIC to help provide some food for you and food for your child when it is born. Congratulations on the baby and I wish you the best of luck.


HelpMeEscrowStuff
Rating
This all entirely depends on the state you're in.

First and foremost, you are covered by FMLA (Family Medical Leave Act) which is a federal act. This states you are entitled to leave due to giving birth for a set period of time and your job has to be there when you come back.

In the state of california, you apply for disability under the amount paid into social security. You get 6 weeks disability I believe (includes before and after birth)... and then after birth, BOTH parents apply for Maternity/Paternity leave for up to 6 weeks (for the mom, this 6 weeks can be done after the first 6 weeks are up) of leave.

I don't know what the law in Illinois is, but i'm confident you can at least apply for the disability leave but again, i'm pretty sure it's limited to 6 weeks, however I don't know this for sure.


Christina
Rating
If you cannot perform the duties of your job yet pregnancy is not considered a disability, they should have to put you in another department until you have the baby and are able to get back to your normal job. If they let you go then you can get unemployment but not if you quit voluntarily. Most times they will assign you a new job anyways just so you can't file unemployment.


Sweetness
Rating
You may want to check out the FMLA requirements to see if it applies to you, I believe you have to have worked for the employer a certain amount of time. If you can't take medical leave of absence, get a statement from your doctor saying what your restrictions are, your employer may have to find a light duty position temporarily for you, this will depend on the labor laws where you live. Unemployment will not work in this case, as you have to be employable and able to accept work/ apply for work elsewhere, unless you are union and laid off by your current employer.
You may have to consider selling off assets, if you have any, to make it through this time. Maybe a budget counselor could be of some assistance.


The End
You should have thought of all this before you got pregnant.No you can't get disability or unemployment.





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