Recently hired nurse and newly pregnant

[Qacer]

A friend recently got hired as a nurse. From interview to start date took about two months. In between dates, she got pregnant. When she starts next week, she'll be about 7 weeks. During the interview, she did not know that she was pregnant, so her employers do not know, yet.

She asked a group of friends a couple of questions because she feels like she's in a tough spot. And that spot being newly hired and pregnant, and possibly, taking a month off while still new at the job in the next few months. I don't work in a hospital, so I really don't know what it's like.

Her questions:

1. Can the employer lay her off for being unable to do certain tasks as she progresses into pregnancy?

2. She will not have enough paid leave accumulated to allow her to take at least a month off within a year. Are employers required to give new mothers some maternity leave despite it being unpaid? One of my previous companies only allowed 40 hours of unpaid leave, so I suspect that some places may have a policy to let go an employee after a threshold is reached for unpaid leave.

3. She is planning on telling her employer when she starts work. Does the employer have the authority to take back the job offer because she is pregnant?

Also, if you have any experiences regarding pregnancy and employment, I'd like to hear it so I can pass on any lessons, comments, etc.

Thanks!

 

[MagnusTheBrewer]

The possibilities vary wildly by State, not to mention, employers. Here in Arizona, if it inconveniences the employer in any way shape or form, bye see ya later and to hell with 'reasonable accommodations.'

 

[Qacer]

I was reading more about the Family and Medical Leave Act, http://www.dol.gov/whd/fmla/index.htm. If I'm interpreting it correctly, employees have the right to take up to 12 weeks of unpaid leave for specified medical reasons with pregnancy being one reason. So I suppose that as long as you can do your job up till the day you are about to give birth, then the employer cannot lay you off.

 

[DrPizza]

I thought the Family and Medical Leave Act pretty much had that covered (and contradicts what Magnus suggested.)

 

[MagnusTheBrewer]

I thought the Family and Medical Leave Act pretty much had that covered (and contradicts what Magnus suggested.)

You do get 12 weeks with the FLMA but, I was emphasizing that not all States enforce it so, if you are unaware of your rights, companies won't tell you.

 

[Mike Gayner]

We had a similar circumstance at my work place, but with far more liberal labour laws. A girl was hired under very similar circumstances and she took the job anyway. She then took 12 months maternity leave (thankfully she hadn't been working 6+ months so it was unpaid) and my employer had to hold her job open while she was gone. Then at the very end of it she decided she wouldn't come back. It was costly and extremely disruptive to my small employer (< 35 staff).

If your friend takes the job then immediately take maternity leave, she's a dick frankly.

 

[Pliablemoose]

I can see both sides, what state does she reside in?

 

[erikistired]

We had a similar circumstance at my work place, but with far more liberal labour laws. A girl was hired under very similar circumstances and she took the job anyway. She then took 12 months maternity leave (thankfully she hadn't been working 6+ months so it was unpaid) and my employer had to hold her job open while she was gone. Then at the very end of it she decided she wouldn't come back. It was costly and extremely disruptive to my small employer (< 35 staff).

If your friend takes the job then immediately take maternity leave, she's a dick frankly.

who the hell takes 12 months maternity leave? the fact you can and not get fired is one more reason NZ sucks.

 

[HendrixFan]

IIRC, the FMLA for pregnancy only applies to full time workers who have been with the same company for at least one year.

 

[silverpig]

With the RCMP here in Canada, you can take something like 1 full year of leave at 93&#37; full pay. And that includes spouses (although only one of you can be off). So you can be a guy and take 6 months of parental leave at 93% pay if you want.

A lot of people in the non-RCMP forces transfer to the RCMP, then get pregnant quick.

 

[Mike Gayner]

who the hell takes 12 months maternity leave? the fact you can and not get fired is one more reason NZ sucks.

Actually the fact that we have liberal labour policies is one of the things that makes NZ a great place to live and work. The problem with such liberal policies is that they are indeed open to abuse. This is one such case. I think most NZ'ers accept that you live here in the beautiful, stable, rich country and one trade-off you make is lower wages than some comparable countries. I'm OK with that, and a lot of people aren't (hence we lose a lot of graduates), so meh, nice to live in a free world.

As for 12 months maternity leave - I should be more clear. Maternity leave lasts for something like 10 weeks. After that we have what's called parental leave up to 12 months (inclusive of maternity leave) - under parental leave you're entitled to a tax credit (for your working partner) and your boss is required to hold your job open for you. It's a policy which enables mothers to stay at home with their children during the first crucial formative year.

 

[Ticky]

Actually the fact that we have liberal labour policies is one of the things that makes NZ a great place to live and work. The problem with such liberal policies is that they are indeed open to abuse. This is one such case. I think most NZ'ers accept that you live here in the beautiful, stable, rich country and one trade-off you make is lower wages than some comparable countries. I'm OK with that, and a lot of people aren't (hence we lose a lot of graduates), so meh, nice to live in a free world.

As for 12 months maternity leave - I should be more clear. Maternity leave lasts for something like 10 weeks. After that we have what's called parental leave up to 12 months (inclusive of maternity leave) - under parental leave you're entitled to a tax credit (for your working partner) and your boss is required to hold your job open for you. It's a policy which enables mothers to stay at home with their children during the first crucial formative year.

What! That's absurd! If you do that, how are you going to create a permanent underclass of poorly educated people to do all the menial, low paying jobs?

 

[RocksteadyDotNet]

who the hell takes 12 months maternity leave? the fact you can and not get fired is one more reason NZ sucks.

Every advanced country in the world has something like this.

Except the U.S. and Australia.

And we're getting it soon.

 

[preCRT]

IIRC, the FMLA for pregnancy only applies to full time workers who have been with the same company for at least one year.

This

 

[Qacer]

I can see both sides, what state does she reside in?

She lives in Florida. I can also see both sides. If she was younger (early 20s), then I would probably lean more to the "she could have waited a little bit before getting pregnant mentality." But she is pushing close to her 30s, and from what I hear, 35 is the age when pregnancies start becoming high risk. This would be her first child, so early 30s is probably the best time to get pregnant if planning for two kids.

I read a quote recently and I think it is true: "Death, childbirth, and taxes. There is never a convenient time for those."

 

[Qacer]

IIRC, the FMLA for pregnancy only applies to full time workers who have been with the same company for at least one year.

Interesting. I didn't know about this. I'll read some more.

 

[rudeguy]

IIRC, the FMLA for pregnancy only applies to full time workers who have been with the same company for at least one year.

you are correct.

Where is Viper? He's actually knows about this stuff.

 

[ch33zw1z]

who the hell takes 12 months maternity leave? the fact you can and not get fired is one more reason NZ sucks.

The first year of a babies life is critical, mothers should be allowed 12 months in every state even if it's unpaid. There are too many people not even raising their own kids it's saddening.

 

[J-Money]

I think Florida is an at-will state?

If so, they can fire for whatever the hell reason they feel like. Their are laws, but they can still do it if they abide by them. If they listed the reason for being fired as "pregnant" it'd be illegal since it'd be firing someone for a disability, but they can say "unable to perform job tasks" or "refusal to perform job tasks" such as heavy lifting which is common in nursing and needs to be avoided when pregnant.

Does her job description require her to lift xxx pounds? If so she's hooped unless the employer is very kind. But this weight lifting requirement MUST be listed somewhere, it can't be implied.

 

[erikistired]

Every advanced country in the world has something like this.

Except the U.S. and Australia.

And we're getting it soon.

i'm glad i don't live in a third world country then. having to hold a job for 12 months is ridiculous.

 

[Zebo]

And people wonder why West is living on credit going bankrupted. Too much of this a bad thing.

 

[J-Money]

i'm glad i don't live in a third world country then. having to hold a job for 12 months is ridiculous.

They don't hold it empty. They fill it temporarily as a maternity hire. I don't know how anyone would think they would just leave it vacant. And how a job pertains to third world country is beyond me, in a third world country there'd be no laws for this requirement to happen, example - USA. It's maternity not being paid that is causing massive debt for new families in the US.

In Canada you can get your short term disability off before pregnancy if the doctor says so (usually about 60&#37;-70% of income for 6 months) and 12 months of maternity after at 60% of income or ~$900 every 2 weeks (whichever is lower). So can potentially get 18 months off if there is no modified work available for an expecting mother. you have to have worked a certain amount before hand though since you pay it is actually employment insurance that pays your maternity, and EI is something every Canadian pays.

Obviously they replace you during that time. Usually the expecting mother trains her maternity replacement.

 

[Zebo]

With the RCMP here in Canada, you can take something like 1 full year of leave at 93&#37; full pay. And that includes spouses (although only one of you can be off). So you can be a guy and take 6 months of parental leave at 93% pay if you want.

A lot of people in the non-RCMP forces transfer to the RCMP, then get pregnant quick.

In Saudi you get a free house when you get married few people and lots of natural resources has some benefits. Unfortunately this won't work for rest of the world.

Jmoney check out our post counts. 33333 and 33 weird.

 

[erikistired]

They don't hold it empty. They fill it temporarily as a maternity hire. I don't know how anyone would think they would just leave it vacant. And how a job pertains to third world country is beyond me, in a third world country there'd be no laws for this requirement to happen, example - USA. It's maternity not being paid that is causing massive debt for new families in the US.

In Canada you can get your short term disability off before pregnancy if the doctor says so (usually about 60&#37;-70% of income for 6 months) and 12 months of maternity after at 60% of income or ~$900 every 2 weeks (whichever is lower). So can potentially get 18 months off if there is no modified work available for an expecting mother. you have to have worked a certain amount before hand though since you pay it is actually employment insurance that pays your maternity, and EI is something every Canadian pays.

Obviously they replace you during that time. Usually the expecting mother trains her maternity replacement.

because gaynor made it out like they held it empty? by saying they held it open and that it cost his boss money? if he's whining because they had to hire a temp for a year (which is still ridiculous, either you want your job or you don't)...actually i'm going to stick with it still being ridiculous that you can take off for a year and expect to still be employed. this type of shit is why companies don't want to hire pregnant women. if you want to work, work. if you want to raise kids, raise kids. as someone who had to make the same sacrifice (we became a single income family when we started having kids so we could raise them properly), i don't sympathize here.

 

[BarkingGhostar]

Exactly how professional was she planning on being? She had unprotected sex, got pregnant, and now the employer has to deal with her pregnancy. How can one be seriously looking for new employment if they are open to getting into a situation like this?