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legal question So I got a drs note excusing me from a task at work as it was causing mild…

legal question

So I got a drs note excusing me from a task at work as it was causing mild contractions and discomfort. The note says something to the effect of.."please excuse patient from serving milk until after her pregnancy"... my work was telling me that I was still going to have to do it. I'm in NC.. isn't there a law that requires them to follow that considering it can affect t my health and that of my child. How would you recommend fighting it?

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deleted-user

deleted-user

I had a friend with lifting limitations.. her job did not follow these requirements and sent her into preterm labor and she went to the labor board and sued for compensation and won

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deleted-user

deleted-user

Any doctor note I turn into my work that has ANY type of restriction on it, they won't even let me work at all until that restriction is lifted by doctor..I had it happen a few months ago. I was given a lifting restriction and they wouldn't let me even return to work - I had to beg my doctor to do a different note, as I couldn't afford to miss anymore work then.

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backer

Backer

Oh wow that sucks!

I don't have a lifting restriction on the note. This task literally takes 30 minutes but it's so much strain. When they told me they were just gonna make me do it anyways, I was like ummm?

Did your dr give you a different note?

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deleted-user

deleted-user

They can NOT do that. You're protected by laws. You need to talk to

Someone above whoever your talking to! You can sue

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deleted-user

deleted-user

If your doctor said you can't do this for health reasons and they still make you then you can sue.

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deleted-user

deleted-user

Call your state labor board and explain the situation. If you have a note from your doctor restricting that kind of work then your job has to comply... Unless of course that task is your entire job function and they are unable to place you elsewhere. In that case you can apply for short-term disability but they certainly cannot fire you for it

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backer

Backer

Thank you ladies! I've been all over Google and have found nothing. I'll definitely go above the person who I am talking to. And if that doesn't work, then I'll call board!

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deleted-user

deleted-user

I believe that they can still ask you to do it. There was a very famous case with a ups worker recently that you can look up. That's the most recent ruling that I know of (a couple of months ago) look into that and you might get some answers, but in not all cases are you protected unfortunately.

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deleted-user

deleted-user

How many employees work there

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backer

Backer

Around 150 I think. It's a daycare through high school.

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deleted-user

deleted-user

Employers don't have to make accommodations. They can just have 'no light duty' and as long as they treat everyone the same it's legal. I am assuming this is a private employer. A govt employer has more strict rules to follow. People constantly forget pregnancy is not a disability, it is a condition and they are not legally protected the same.

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deleted-user

deleted-user

I agree with some previous posters, unfortunately, you are not always protected. I would agree that it would probably be best to speak to other management if possible or is there an HR group?

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backer

Backer

I just sent an email to my HR. I'd really hate for me to go into preterm labor because they didn't heed my drs note.

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deleted-user

deleted-user

Also, NC is a right to work start. They can let you go for any reason they deem. I saw a little about the UPS worker, I can't recall if she won or not. However, I do know that doctor's notes do not always protect you. However, if the let you go, you should be able to file for unemployment

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backer

Backer

I work for a Christian school, they set it up so you can't file for unemployment. I'm not worried about losing my job, however, I need the insurance.. im gonna see what HR says. It's ridiculous though. They can find someone to do this for 8 weeks. What are they gonna do when I go on leave. They have 5 people in administration thst literally stand around at the desk doing nothing. This place has been awful the past 3 years. I'll let yall know what my HR says when she responds!

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deleted-user

deleted-user

Ya last time I worked for a Christian establishment and they also thought that laws did not apply to them. But when I called the labor board they found out real quick that they were not immune to laws and regulations

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deleted-user

deleted-user

I would definitely talk to your HR. I doubt a Christian school would want to be on the news for putting a woman in pre-term labor after forcing you to pass out milk even after you attempted to give them a doctors note excusing you from that task.

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backer

Backer

Yeah, I think Christian schools are the worst to work for. Because if separation of church and state, they feel they are exempt from so much. A lot of what this place does is illegal. I could call the state if NC and they'd come look into it. I just looked into Osha laws too. Osha may get a call too if it doesn't work in my favor.

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deleted-user

deleted-user

I manage HR for a major security company in LA and according to law we are not obligated to provide light duty. If an employee has restrictions we try to accommodate them. If we can't, they are simply given a leave (FMLA or personal) until they can return without restrictions. That may be the case with your employer. It's definitely best to talk to HR because supervisors could be ignorant of what's legal and some just don't care.

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