Monday, March 21, 2005

You Are Not Going to Believe This!

OK, first of all let me apologize for my absence. I still spend most of my time in bed. I feel MUCH better during the day, I rarely actually throw up between the hours of 8am-8pm any more, but that may be because I am usually in bed. I have just started attempting short journeys out, such as grocery store or book store, I make it, but it exhausts me. None of this post is a complaint, I feel very lucky, it's more of a thorough, update if you will. So I tried to go back to work this week, part time. The doctor's note said 6 hour days (half time) were fine, and IF they went OK I could return full-time. Well the first night- 6:30-midnight:30 was fine. I didn't throw up until I was in the car on the way home. The next night, I was working 1am-7am and I threw up the entire time. I couldn't eat anything and I am pretty sure, by the time I left, I was running a small temperature. It took me 10 hours of sleep before I could eat. I was very upset, but Chris and I decided I should not attempt the final day- 1am-7am. Obviously my body was not ready or willing to work those early morning hours. Well, when my boss found out, she called my at home that night (Sunday), furious. "But you said you were willing to work, even if you threw up!" she complained. "That is true," I replied, "but this was not just once or twice, which would have been workable. I pretty much threw up every single hour, and couldn't hold anything down." I wasn't comfortable saying I also had the runs and was becoming dehydrated. Then she said, "but I needed you to work Wed-Sat 7pm-7am!" I told, her I could guarantee, that wasn't going to happen but that I could work at least some of the first halves of those shifts, no problem. Sooooooooooo, here comes the part you are not going to believe:

This from the Commander of the Police Department and my boss:

I am not allowed to return to work AT ALL, until I can get a doctor's note that says, drumroll please...

"Becky, will no longer throw up. She is 100% nausea free."

Say what??????? Are these people insane???? Any pregnant woman MAY throw up ant ANY time?????? When I mentioned this, my boss said, well that is the note we need before you can come back. I told her, my doctor would NEVER give me a note like that--MAYBE he would say we could take it week by week. "Well, get a note that says that, then." Though she was obviously not pleased. Then my boss told me about my co-worker Jenna, who had hyper-emmis, was able to control her severe vomiting with steroids, seeming to suggest, maybe I could do that! Also that Jenna says she was able to not let it interfere with her job because she was able to wait until she was able to go to the restroom to vomit. Um, yeah, I love Jenna, but she works 9-5 Monday-Friday in the front office with 2-4 other people, with weekends off! I could do that! I work alone, weird/long hours, depending 100% on other people to give my bathroom breaks. I know I have written before about how horrible, my officers are about potty breaks. So, I have my mandatory doctor's appointment today at 1:50 pm, when I called and told the receptionist what my job wanted, we had a good laugh. I asked her if she had EVER heard of such a thing and she said, no. After my appointment, the Commander wants to meet with me. I can only imagine what that will be about, but if he asks me to resign, I will refuse. As a matter of fact, I have a call in to my Union Rep. because I think this is an ADA violation. Sigh. I am so mad. I am going to eat Fruit Loops and throw up a rainbow on the Commander's desk. Just kidding. I'll write the outcome later. Has anyone out there ever heard of such a thing? Does anyone out there agree that this may be a violation of rights? I'd love some feed back. Til later......


Heather said...

I've been "lurking" reading your blog since December, and am so happy to see that you're back online and that things are getting better with your nausea. Your boss sounds like a real sensative person. Just a stab-in-the-dark here . . . but I'm guessing she's never been pregnant, or at least she's never been sick. Hang in there and DO NOT RESIGN. You are entitled to medical leave (even if it's unpaid).

Jen P said...

Becky, I think your boss seriously doesn't understand the nature of the throwing up. Sure, if you worked 9 to 5 with weekends off, you could make it with drugs (steroids?! Is he crazy?!).

I threw up well into my 19th week. It it was incredibly random. Driving alone -- puke. Walking to the toilet -- puke. It wasn't as if it was on schedule and I could plan my day around it. Who the heck does he think he is!? Doesn't he understand that Perry is running this show!?

I hope your union can get back to you with some solid facts, because I think he's being a bit demanding, seeing as you might _never_ stop throwing up. (I'm hoping for the otherwise!)

Hoping you and little Perry are doing well.

Anonymous said...

2945. It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification:
(a) For any employer, because of the pregnancy, childbirth, or related medical condition of any female employee, to refuse to promote her, or to refuse to select her for a training program leading to promotion, provided she is able to complete the training program at least three months prior to the anticipated date of departure for her pregnancy leave, or to discharge her from employment or from a training program leading to promotion, or to discriminate against her in compensation or in terms, conditions, or privileges of employment.

(b) For any employer to refuse to allow a female employee affected by pregnancy, childbirth, or related medical conditions either:
(1) To receive the same benefits or privileges of employment granted by that employer to other persons not so affected who are similar in their ability or inability to work, including to take disability or sick leave or any other accrued leave that is made available by the employer to temporarily disabled employees. For purposes of this section, pregnancy, childbirth, and related medical conditions are treated as any other temporary disability. However, no employer shall be required to provide a female employee disability leave on account of normal pregnancy, childbirth, or related medical condition for a period exceeding six weeks. This section shall not be construed to require an employer to provide his or her employees with health insurance coverage for the medical costs of pregnancy, childbirth, or related medical conditions. The inclusion in any health insurance coverage of any provisions or coverage relating to medical costs of pregnancy, childbirth, or related medical conditions shall not be construed to require the inclusion of any other provisions or coverage, nor shall coverage of any related medical conditions be required by virtue of coverage of any medical costs of pregnancy, childbirth, or other related medical conditions.
(2) To take a leave on account of pregnancy for a reasonable period of time not to exceed four months. The employee shall be entitled to utilize any accrued vacation leave during this period of time. Reasonable period of time means that period during which the female employee is disabled on account of pregnancy, childbirth, or related medical conditions. This paragraph shall not be construed to limit the provisions of paragraph (1) of subdivision (b).

An employer may require any employee who plans to take a leave pursuant to this subdivision to give the employer reasonable notice of the date the leave shall commence and the estimated duration of the leave.

(c) (1) For any employer, including both employers subject to and not subject to Title VII of the federal Civil Rights Act of 1964, to refuse to provide reasonable accommodation for an employee for conditions related to pregnancy, childbirth, or related medical conditions, if she so requests, with the advice of her health care provider.
(2) For any employer, including both employers subject to and not subject to Title VII of the federal Civil Rights Act of 1964, who has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions for the duration of the disability to refuse to transfer a pregnant female employee who so requests.

(3) For any employer, including both employers subject to and not subject to Title VII of the federal Civil Rights Act of 1964, to refuse to temporarily transfer a pregnant female employee to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where that transfer can be reasonably accommodated. However, no employer shall be required by this section to create additional employment that the employer would not otherwise have created, nor shall the employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job.

(d) This section shall not be construed to affect any other provision of law relating to sex discrimination or pregnancy, or in any way to diminish the coverage of pregnancy, childbirth, or medical conditions related to pregnancy or childbirth under any other provisions of this part, including subdivision (a) of Section 12940.

(e) Except for subdivision (c) and paragraph (2) of subdivision (b), this section is inapplicable to any employer subject to Title VII of the federal Civil Rights Act of 1964.


Brina said...

Well, we've already had our discussion on this, but I was really behind the Froot Loop plan, so I hope that came thru. I just think it would have been some small form of justice, especially knowing these folks. That's a story for Perry when he gets here :)