Legal Question in Employment Law in Florida

Re: Pregancy Woes

You don't have a lot of legal rights here. The FMLA, even if you come under it, does not entitle you to a transfer. You are not disabled, so you are not covered by the ADA. That leaves two possibilities. If your company has a handbook, read the disability, transfer, pregnancy, leave and accommodation sections. See if there is anything related to your situation. If you know that others have received transfers for illness reasons, or for other reasons, you might have a discrimination claim under the Pregnancy Discriminaiton Act. (I.e., they are treating you differently because you are pregnant.) You can file a claim for free with the EEOC or state human rights commission. (There are deadlines, so if you think you have a claim and need to file, don't delay.)

From a practical standpoint, perhaps you can talk to HR or someone higher up, explain that you can not stay at the current location but the other location wants you, and you need help since your boss refuses to transfer you. You should have a reasoned medical opinion to support your claim. (Not just "my doctor says so" or a doctor's note saying please transfer due to pregnancy. The doctor should explain why the transfer away from photo chemicals is necessary for the baby's health and yours.)Also, point out that the transfer can be temporary, just until after the birth.

Also, perhaps the other store manager can effect the transfer?

If you can afford to take time off, see if you are covered by the FMLA. (The company needs to have more than 50 employees, and you have to have been with them for 12 months total, and worked at least 1250 hours in the 12 months immediatley prior to the leave beginning.) Ask HR or a manager.) That would entitle you to up to 12 weeks of unpaid leave (unless you have vacation or company policy allows sick time for pregnancy leave), and then to get your job or an equivalent job back when you return.

If you can't get anywhere and feel you need an attorney, please contact me directly and we can review the matter to see if there is anything I could do to help.

Good luck and congratulations on the pregnancy!

Jeff Sheldon

The Sheldon Law Firm

[email protected]

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.