Q: Does my employer have to allow me to flex my schedule for prenatal appointments?
I work for a state government, and requested previously to be allowed to flex my schedule to allow me to go to my prenatal appointments without having to use sick leave due to the employer not paying maternity leave and requiring employees to use their own sick time. And it was denied. I recently learned about the pregnancy fairness act and am wondering if this could be considered a reasonable accommodation as i work independently and my coming in an hour early/staying an hour late would not impact anyone other than myself.
A:
Under the Pregnancy Discrimination Act, employers are required to treat pregnant employees the same as others who are similar in their ability or inability to work. This means if your employer provides accommodations for other employees with medical conditions, they should also do so for pregnancy-related conditions.
Flexing your schedule for prenatal appointments can be considered a reasonable accommodation, especially if it doesn't disrupt the workplace operations. If you work independently and adjusting your hours won't negatively impact your work or your colleagues, this strengthens your request's reasonableness.
Since your employer is a state government, they are also subject to the Americans with Disabilities Act (ADA), which may provide additional support for your request. Pregnancy-related conditions can sometimes fall under the ADA's scope, requiring employers to provide reasonable accommodations.
It would be beneficial to present your request in writing, explaining how the accommodation is reasonable and how it aligns with accommodations made for other employees. If your request is denied again, you might want to seek advice from an attorney who can assess your specific situation and provide guidance on your rights and options under employment and anti-discrimination laws.
Remember, the law is designed to protect employees like you from discrimination based on pregnancy and to ensure fair treatment in the workplace.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
