Am I right to think I am being treated unfairly?

LegacyUser

I am currently 14 weeks pregnant. My doctor signed me off sick from work for the first 12 weeks of my pregnancy due to health problems. I informed my HR dept immediately and I let them know of my intention to return to work after 12 weeks. A week before I was due to go back, I rang my local boss and informed him of my pregnancy and that I wished to return the following week. He said that he would try and sort something out for me
(due to the nature of my job, there are a few duties I would not be able to do because of being pregnant). I rang my occupational nurse the next day and let her know I had spoken to the boss and she was happy with what he had said. She went through a few things with me regarding my pregnancy and I advised her that going forward, I would be attending at least 3 evening appointments per week for pregnancy related issues (physio and pilates due to back/pelvic problems). She said she would note this in her memo and that it shouldn't be an issue because there is only 1 shift in the whole company that runs through evening hours, the rest are clear cut day or night shifts.

I called in to work 3 days before starting back to see what shift they would have me on only for my local boss to tell me that HR would not sign off on my return as the nurse had not cleared me (I later discovered that my local boss made not attempt to contact her after my conversation earlier in the week with him and in effect, he had taken no action to find suitable work for me). At this stage I had already filled out my final social welfare cert and had my fitness to return cert ready to hand in to work. I was told that it would be a few days before HR could sort something out.

My boss told me to go and get another sick cert for the week but when I told him that my doctor refused to give me one (on the grounds that I was not sick and it was the companies fault that I could not return to work), I was told that I would not get paid for the days I didn't work. My boss also said to me a number of times 'There isn't any work there for you. What duty could we have you doing?', insinuating that due to my pregnancy, it was a burden for him to find me work (there is plenty of work I can do). Finally, after a lot of fighting and union involvement and advice from my solicitor, it was agreed that I would get paid as I was fit and available for work but the company could not provide it. I was extremely stressed out and vexed by this and could hardly sleep worrying about it.

After hounding my boss for a whole week to sort it out, he got back to me last thursday and told me I would be returning on Monday on the one and only evening shift. I told him that I had 3 evening medical appointments. He shrugged and told me to cancel or rearrange them. I said it was too late notice and that they would have to get someone to cover me. I also said that the occupational nurse had informed HR of this but me boss says he heard nothing about it. This upset me greatly. This morning, I discovered that I was marked for 2 half sick days for leaving 2 evenings to go to pregnancy related physiotherapy. I approached my boss as he was standing with 2 other supervisors and I asked him why I was marked sick when I am entitled to time off for pregnancy related appointments. He told me that physio was not covered under the law even if it was pregnancy related. I told him that I didn't agree with this and he responded by saying 'well, I'm not the one who is pregnant' before bursting out laughing.

I am disgusted and frustrated. I am extremely stressed out and feel unfairly treated. I never had a problem with the boss before I became pregnant. Am I just overreacting?

JustAThought

Your boss cannot talk to your nurse/doctor about anything relating to your medical condition . It is your responsibility to provide at minimum the documentation s/he requests.

I'd be asking why you want to put your body and baby under more stress if you are already so ill that you have to go to 3 doctors appointments per week and are so sick at the start of your situation that you cannot work.

Do you think working & commuting for 8 or 10 hours a day is a reasonable expectation for your body and baby under these circumstances?

Mrs OBumble

JustAThought wrote: »

Your boss cannot talk to your nurse/doctor about anything relating to your medical condition . It is your responsibility to provide at minimum the documentation s/he requests.

I'd be asking why you want to put your body and baby under more stress if you are already so ill that you have to go to 3 doctors appointments per week and are so sick at the start of your situation that you cannot work.

Do you think working & commuting for 8 or 10 hours a day is a reasonable expectation for your body and baby under these circumstances?

I'm sorry, but that's nonsense: Managers can and absolutely should be talking to their own company occupational health nurse. The OP's boss is quite out of line.


And ...

MOD-NOTE: Please do not be giving advice about whether working is appropriate for a pregnant woman. That is the role of a health-professional, not some random on the internet. A health professional is the only one who is in a position to weigh up the relative issues with a woman's physical health vs potential poverty if she is not able to work.

ForestFire

In my opinion I believe you are being treated badly. While I am unsure of your exact entitelments the fact that you boss is unhelpful and laughing at you is really bad.

I have included a link to your rights while you are pregnant:- http://www.equality.ie/Files/English_MaternityGuide.pdf

The main thing to remember is that while you are pregnant you are:-

Entitled to keep your job
It is you employers duty to find suitable work for you
It is your employers duty to ensure the work place is safe for you.
You are entitled to time off (Paid I think) for ante natal classes. (Not sure about physio)

If I was you I would keep a detailed diary of everything that is happening to you in the work place that you can use later as evidence if required, including who was present.

In my opinion is sounds like your employer is making things very difficult for you and possible trying to force you to leave but this is against the law and could be consider constructive dismissal.

I would also talk to your solicitor again about your rights and the way you are being treated.

If he/she is not familiar with maternity issues find another who is.

Remember as a pregnant women the law is almost always on your side and you are protected

Regards

Stheno

I think this is actually quite a tricky one, there was an EU ruling in 2005 (http://www.rte.ie/news/2005/0908/67301-mckennam/) that pregnancy related illness can be treated the same as non pregnancy related illness.

So one could argue that if the company do not facilitate physio treatment appointments for those recovering from e.g. a broken leg it's the same in this case.

I'd seek some legal advice if I were you OP, your employer is treading a fine, but I suspect a legal line. As someone who has worked as a manager, I can tell you that in multiple organisations I worked in, pregnant workers were afforded as much accomodation as possible to avoid any impression of discrimination due to pregnancy, so I'm surprised at your managers attitude.

Two questions:
1. Are you permanent?
2. When did you advise your company you were pregnant?

LegacyUser

Hi Op here I am on a permanent full time contract and have worked for the company for over 7 years. I informed HR that I was pregnant immediately when I found out (I was only 5 weeks gone at the time). I rang occupational health in tears the other day and told them how stressed and singled out I felt and I was told that this boss in particular is known to have a serious attitude problem in cases of pregnancy and illness etc.

The nurse was very annoyed at his behaviour and advised me to deal directly with HR in future. She said the appointments should be covered and she contacted HR to tell them not to put me on the same shift again because there are plenty of other jobs i am better suited to. Yet lo and behold I am told today that I am on the same shift next week and me supervisor says he knows nothing about any HR instructions. An hour later, I am approached by the supervisor who has been instructed by the boss to get me to sign off on the supposed sick leave. I told him to tell the boss to deal directly with HR regarding me in future and not be harassing me and stressing me out when I am pregnant.

I am that fed up and upset now that I am considering making a formal complaint against my boss. I feel very victimised and and have been made to feel a burden to the company. I feel like I am having to fight for my entitlements and am meeting a brick wall every step of the way. I know for certain I cannot take another 6 months of this treatment. I am especially upset at the smart comment my boss passed and how I was laughed at, basically for being pregnant and questioning my entitlements.