Legal Question in Employment Law in Virginia

i am a police officer in virginia, i am the only female at my agency and i am 27 weeks pregnant, and have been advised by my doctor that i can continue working and have NO RESTRICTIONS, not even weight restrictions. but yet i am being advised by my town manager that i need to take medical leave due to be pregnant and him believe i cannot complete my duties that are required, which my doctors advised me that yes i can complete all my duties as a police officer with no problem. there is no maternity leave policy and pregnancy policy with my town, i am the only female officer, and there are several males who cannot complete their job duties but yet are not being required to take leave..we have no light duty work and they are not going to pay me for my time off due to my pregnancy if i do take medical leave..

do i have to take medical leave because my town manager is advising me he wants me to and is he discriminating against me due to the fact that the males with health problems don't have to take leave but yet i do because im pregnant?


Asked on 6/04/10, 10:28 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

The federal Pregnancy Discrimination Act of 1978 provides in part as follows: "Pregnant employees must be permitted to work as long as they

are able to perform their jobs. An employer may not single out pregnancy-

related conditions for special procedures(not applicable to other employees)

to determine an employee's ability to work.

This federal law is applicable to all employers with 15 or more employees, including state and local governments.

Your remedy under this law is to file a complaint with the nearest

EEOC (Equal Employment Opportunity Commission)office in your area.

You may also wish to avail yourself of Susan Freinkel's book entilted

"How to Protect Yourself from Pregnancy Discrimination in Employment".

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Answered on 6/05/10, 7:08 am


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