What can I do?

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bjtackett3

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I'm pregnant, My Doctor has informed me that I am on light duty until baby is born. I brought the note to my employer of 8 years. They said that there was no work for me and I couldn't work anymore. I am a CNA, Med tech. Dealing with medication and distributing it to the patients. Still was told no work for me to do. I have short term and long term disabilty benefits. I have been out of work since April 1 2008 and have done everything to get the company to get my short disabilty going. They are giving me a hard time and everytime i ask them if they have filled out there paper work to get things going for me, I have been treated rude. i have 3 kids and I have no money coming in at all for 3 weeks already what should I do. Also after 8 years with this company they have said they will be letting me go after 12 weeks out of work. when can i use my long term disabilty? Please help me.
 
Your doctor can recommend light duty; he cannot require the employer to provide it. No employer is ever required to provide light duty, even for workers comp claims; they have no legal obligation to provide it for pregnancy. If they have no work available within your restrictions, they don't have to make up a job for you. Even under the ADA that is not required, and pregnancy is not covered under the ADA. So if you can't perform your duties as required, and they have no light duty available, it is legal for them to put you on leave.

Whether or not you qualify for disability benefits, either short or long term, depends on the terms of the policy. It's not automatic; you go on leave and benefits start. It depends on what the policy itself says about when benefits are available.

Barring a state law or contract/CBA that expressly says otherwise, the longest your employer is required to hold your job under the law is 12 weeks. On week 13, day one, the law permits them to terminate your employment, no matter how legitimate the need for additional leave.
 
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