# pregnant and ems



## sarahharter (Nov 4, 2009)

ok i never really thought this would be a problem but my company thought it was i will explain. I found out i was prego and that i couldnt lift as much. i was restricted to only 35 lbs alone and that with a partner i could do what i was comfortable with. well my company took this as a disibility and fired me because of this. I went to walk to the HR person in charge and was told that becuase it is not a work related injury that they didnt have to do anything with me and that my job was not their problem and that i was easily replaceable and to hand my gear in. i asked what happened to all the other women who got pregp working there and they were put on the wheelchair van, i ask why this would not happen for me and they said because i actually brought in a note from my dr that it cancelled my contract with them. when i asked to see this so called contract cuz i never signed anything i was asked to leave. mt other companies have allowed me to continue to work as long as i dont overdue it and if i need help i ask, most of the time now i am precepting new comers but i am still doing what i wanna do. any opinions or advice on what to do. and the termination letter stated terminated due to pregnancy restricions,


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## Epi-do (Nov 4, 2009)

I am certainly not an attorney, but I would think that would qualify as discrimination - and the fact that they put it in writing would make it easy for you.  When I was pregnant, and when several other women I know were pregnant, we were all able to continue working on our trucks.  The few that did develop complications (including myself) were typically placed on light duty.  If there was no light duty available, you could use paid time off that you had, or were placed on unpaid leave for the duration.

I am surprised that your doc put those restrictions on you.  I was always allowed to continuing doing anything I was used to doing prior to becoming pregnant, along with the other women that I know who became pregnant while working in EMS.


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## FF-EMT Diver (Nov 4, 2009)

1st off I would take this to the highest level of admin at the service, is it private, hospital or county based??

I would not think this would be grounds for termination and would see a lawyer if I hit a wall with admin..

Personally I think that's very shoddy of your employer's, how long have you worked there?


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## Aidey (Nov 4, 2009)

You should look into the laws in your state about discrimination. A lot of places have laws against firing a woman just because she is pregnant. They may not have to let you work on the ambulance, but it seems like they shouldn't be able to fire you.


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## fbsemssocial (Nov 4, 2009)

*Crappy employers*

I would say that it is unfair of them to fire you and would agree look into laws and see what you can do if that's the route you want to go. If they put it in writing that should make your attorneys job that much easier I am not an attorney so I cannot tell you the law so to speak but I would be willing to bet they are breaking on or more of the labor laws or discrimination laws by doing that.

I am sorry that you had such jerks for employers and hope that you find better ones that you can put your skills to use at.


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## Mountain Res-Q (Nov 4, 2009)

TALK TO A LAWYER!!!  The job is done no matter what...  but I believe you have a cass of wrongful termination based on discrinination as defined in the Federal Pregnancy Discrimination Act amendment to Title VII of the Civil Rights Act of 1964.   I am sure our resident CFR/Lawyer will make an appearance and provide a better answer than most of us can... but... this is what I found through a quick google search:

http://www.eeoc.gov/abouteeoc/35th/thelaw/pregnancy_discrimination-1978.html

http://www.postlawyer.com/Pregnancy_Discrimination.html

http://research.lawyers.com/Pennsylvania/Employment-Law-in-Pennsylvania.html

To quote the final site:  

_In Pennsylvania, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In Pennsylvania, to overcome the presumption of at-will employment, an employee must demonstrate facts and circumstances establishing some tenure of employment. Overcoming the presumption of at-will employment is very difficult in Pennsylvania and has been characterized as an up-hill battle.

Employers are not allowed to terminate or discriminate against employees for the following reasons... Pregnancy.

And it's illegal for an employer to terminate an employee...
For reasons not contained in the employment contract, if one exists._

I would like to know what contract they believe they have that trumps federal and state law about discrimination...


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## firecoins (Nov 4, 2009)

speak to a lawyer.  It is illegal. Pregnancy is protected.


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## RESQ_5_1 (Nov 4, 2009)

When I first started with the organization I currently work for, we had an employee who was on Maternal leave. She returned only to go on Mat leave again 2-3 months later. She has since returned again as a casual employee (her choice). However, it should be noted that we have a union. Still, I would think that could be construed as discrimination and against the law.


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## Seaglass (Nov 4, 2009)

What they all said, and I think Mountain's right about the laws. Go find a phonebook. L is for lawyer.  

They're total morons for putting it in writing, but that's to your advantage. Keep that letter, and make some backup copies.


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## mycrofft (Nov 4, 2009)

*Like Mt said.*

Can you spell "FMLA", too?
Maybe thye are basing this on your "no longer" (until post partum) meeting thier physical agility and strength standards. See a lawyer.

Use this opportunity to learn about moving up in the organization, getting past the "trucks" and making more money with less physical duress.


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## guardian528 (Nov 4, 2009)

sarahharter said:


> well my company took this as a disibility and fired me because of this.



sounds like blatant discrimination. as posted above, i'm pretty sure there are oodles of laws preventing this


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## WolfmanHarris (Nov 4, 2009)

I'd mirror the seeking a lawyer part. Yes this job is done regardless and you probably wouldn't want to go back anyways. An attitude like this is disgusting and I enjoy watching awful companies get spanked when someone pushes back. However, such action is a commitment of time, money and risk you need to be sure of before you take it on. We can all scream "lawyer" all we want, but no one here but you is taking on that load during an already stressful time in your life.

Here after a certain period of time employed your employer is required to grant you unpaid maternity leave, the government then provides 50% pay during that time (essentially Employment Insurance). Some employers then provide a top up to these benefits. My employer provides maternity or paternity top up to 80% of usual pay. As I work for a Regional Municipality these benefits are for all employees; specific to EMS Paramedics are placed on light duty when necessary until they take their pregnancy leave. This usual involves clerical work in Administration, working in the Logistics department, helping with community programs or education in the Professional Standards department.


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