Q: If I got a doctor's note for a chair at work can they force me to do more before getting one.

A: Once you inform your employer that you are pregnant and request an accommodation that will allow you to perform essential duties of your job, your employer must engage in a timely, good-faith interactive process with you to determine if it can accommodate your condition. If such accommodation is available, your employer is obligated to provide it to you unless the employer can show that it will cause an undue burden on the business. Your employer can ask for more clarification from your doctor to understand your limitations.

If your employer continues to evade its obligations or start discriminating against you because you are pregnant, I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: Under California law, employers are required to provide reasonable accommodations to pregnant employees, including providing a chair if necessary. If your doctor has provided a note requesting a chair as a reasonable accommodation, your employer should not be forcing you to do more before providing one.

Your employer may request additional information or documentation from your doctor to support the need for a chair, but they should not be making it overly burdensome or difficult for you to obtain the accommodation. If you feel that your employer is not acting in compliance with California law or is unfairly delaying your request for a chair, you may want to consult with an employment law attorney or file a complaint with the California Department of Fair Employment and Housing.

A: While an employer has a legal duty to provide you with reasonable accommodations associated with your pregnancy and related medical issues, your post does not provide enough information to say that your employer has acted unlawfully here. It would be important to see what the employer was informed by your doctor as to your restrictions to perform your job. A doctor note that does not describe restrictions can, in some circumstances, not be enough to trigger the employer's immediate action. If a note is unclear or incomplete it is not unlawful for the employer to ask for clarification or further information.

On the other hand if the note was clear and complete, it is unlawful for an employer to make you go back to the doctor as a form of delay.

At this point it would be wise to locate and consult with an experienced employment law attorney.

Good luck to you.