Pregnant Construction worker

ray emser · February 2002

Can someone tell me if there are any regulations which would apply to pregnant women working in construction? Any advice would be appreciated.

System · February 2002

This is a tough situation. Basically, the federal Pregnancy Discrimination Act requires you to treat a pregnant employee the same as other employees with a medical condition. It's not a disability unless there are big complications.
She can get FMLA leave if she's worked for you for a year. If you're worried about the baby, you can offer her some sort of help. As long as she can do the job, you can't force her to take leave, transfer, etc., just because she's pregnant.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Rich · March 2002

[font size="1" color="#FF0000"]LAST EDITED ON 03-01-02 AT 03:46PM (CST)[/font][p]Just remember that the Courts have generally held that employers may not protect employees against themselves. Currently there is yet another case in front of the Supremes that begs that question that involves an oil company refusing to hire a person because the doctor said the "environment" would be harmful to an existing condition. That arguement has not worked in the past - let's see how this one goes.

Rockie · March 2002

Basically, if they feel they can do the job and there is no restriction by their physician, then you have to let them do the job, even if you feel somewhat concerned about it. In our medical practice, employees work around radiation and under conditions that I personally would not feel comfortable if I were in that situation, but I have been advised that it is not up to the employer to make this call. My biggest concern is...what happens when the kid turns out to have a birth defect and the mother tries to pin it on having to work around these type of conditions?

System · March 2002

I once read an Employment Law Letter article suggesting that you give the pregnant employee a written statement that the work might be hazardous to her baby and offering her help (with lifting, a transfer, etc.). At least that way, she can't say that she didn't know of the danger or that you didn't offer to help. And make sure her supervisor doesn't force her to do something harmful, though she might have to pay the consequences for not doing it.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

ray emser · March 2002

Someone else suggested the same thing recently. Will this stand up in court if her health or baby's health is somehow hurt, and she sues?

Pregnant Construction worker

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