AI Legalese Decoder: Empowering Pregnant Employees to Navigate Time Off Issues
- May 31, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Legal Issue: Denial of Time off for OB/GYN Appointment
### Situation Overview:
My pregnant fiance is being denied time off to go to an OB/GYN in Florida. Is this legal? We’re OK if she doesn’t get paid, given she is not a salaried worker. But she is being told she cannot take time off to go to the Doctor. My understanding is that the Pregnant Workers Fairness Act (2023) allows for reasonable accommodations like Doctor visits.
### Expanded Situation:
It is concerning that despite the Pregnant Workers Fairness Act of 2023, which allows for reasonable accommodations like doctor visits for pregnant workers, your fiance is being denied time off to go to an OB/GYN appointment in Florida. This could potentially be a violation of her rights and could have negative implications for her health and the health of your unborn child. It is crucial to address this issue promptly to ensure that your fiance receives the necessary medical care during her pregnancy.
### How AI Legalese Decoder Can Help:
AI Legalese Decoder can assist in this situation by providing a comprehensive analysis of the relevant laws and regulations, including the Pregnant Workers Fairness Act of 2023. By using the AI Legalese Decoder, you can quickly understand your fiance’s legal rights in this situation and take appropriate action to ensure that she is not unfairly denied time off for her OB/GYN appointment. Additionally, the AI Legalese Decoder can help in drafting formal complaints or seeking legal advice to address this issue effectively.
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Please make sure that she formally requests accommodations citing the Pregnant Workers Fairness Act (in writing so that the company can’t claim otherwise). It’s like the ADA where someone who’s disabled doesn’t automatically get accommodations, they have to formally request them and start the process.
There’s a difference between “Can I take Tuesday morning off for my doctor’s appointment?” vs “I’m requesting an accommodation through the Pregnant Workers Fairness Act. During my pregnancy, it’s medically necessary for me to attend doctor’s appointments during working hours. Will you allow me to take time off to attend these appointments throughout my pregnancy per the PWFA?”
NAL – yes, doctor’s visits are protected in the Pregnant Workers Fairness Act as long as she works at a business with 15 or more employees.
How big is the company?
Yes, it is a violation of the pregnant workers protection act. New regs are coming in June, but the basic law is in place now. Time off for medical visits is part of the law.
Yes but they can also find any reason to fire her at any time in Florida so make sure she has any denial for these requests in writing.
Make sure you have documentation of all your correspondence. I preferred to text with my HR because I don’t trust her due to past experience.
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As a British woman who now lives in Australia I find it incredible that a pregnant woman has to quote an act (that was only implemented a year ago by the sounds of it) to request time off for a pregnancy check.
This is insane.
If I request ANY medical appointment during working hours I am free to attend. If its a planned appt I can use my accrued sick leave to cover my lost earnings. I don’t even have to use my annual leave.
How is this normal?
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I just want to thank everyone who passed these laws. During my pregnancies we did not have such laws and it sucked. I had to beg for time off for appointments and had to pump my milk in my car in the parking lot. Sad to say this was in 2001. I am so glad women’s rights are advancing, slowly, but they are advancing.
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Question…does she legit need the time off, meaning she works during the only hrs that the office is open and the dr is available? Many places have early morning or late afternoon and evening hrs. Also employers are not required to give you the entire day off because you have a local 9 am apt. Otherwise she can request a vacation day. Laws only back you up if the employer is legitimately denying you your rights.
I know it is not going to help, but thank god that I live in Germany. When my wife was pregnant with out girl, her Gyn put her in “Beschäftigungsverbot” the moment the pregnancy was confirmed as she works in a Kindergarden. With full pay.
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The day off appointment call in sick and say you are not feeling well so you are going to the doctor’s.