When should I tell my employer I'm pregnant?
People are beginning to make comments about it and it is getting harder to hide; that cute pregnant belly that random strangers think it is okay to pat, is starting to show and everyone you know tells you that, "you're glowing." Among friends and family you welcome the attention. You are happily preparing for the new arrival; buying baby clothes, looking up names, making modifications to your home; and stocking up on formula, "onesies," diapers, and baby wipes.
You methodically prepare at home but you are unsure of what to do about it when it comes to work. You do your best at work and are reliable. "Why should it matter? I'm a good worker." you tell yourself. Deep down you get the feeling it does matter and you get a little nervous.
For a few months you have gone to work and have told a few co-workers/ work friends the good news after they asked in whispers "are you pregnant?" "Yes, but don't tell anyone," you make them promise. This request is an attempt to avoid a premature disclosure to your supervisor. But then you remember, just like back in third grade, friends have a hard time keeping secrets. You wrestle with it, but know you need to let your boss know. You're afraid of how they will respond. Uncertainty casts its dark shadow over your employment and you decide to hold the happy news back a few more days. "It will be alright," you tell yourself, "I'll tell them soon."
Then it comes, a call for you to report to human resources. You sit down and guess what, they're "letting you go..."
So many times I've heard that story only to learn that while the employer "knew," the poor woman sitting in my office never gave written notice. It becomes an evidence nightmare in litigation. There are other ways to prove they "knew," but written notice is best. In employment discrimination cases the burden is on you to prove they violated the law. Taking this proactive step will save you heartache in the future.
Sometimes employers lie and deny they ever knew. Later it is discovered they had found out from a third party, usually a co-worker or doctor. Then in litigation they hold to the fact that they decided to end the employment for "other reasons." Pregnancy may be a burden on employers, but families are important to our society and laws have been enacted to protect pregnant workers.
Sometimes employers lie and deny they ever knew. Later it is discovered they had found out from a third party, usually a co-worker or doctor. Then in litigation they hold to the fact that they decided to end the employment for "other reasons." Pregnancy may be a burden on employers, but families are important to our society and laws have been enacted to protect pregnant workers.
What to do and why.
Tell your employer you're pregnant by giving them a note from your doctor (best emailed or faxed- so you can prove they got it.) It's the responsible thing to do and it places you in a protected class. That way if they terminate you later (or reduce your hours until you have no other option but to quit-always see an employment attorney before you do this because there are ramifications if you quit) you can prove they had notice of your pregnancy and it helps your claim. There are other issues that still must be proven but written notice will make it easier to pursue your rights later.
If you have told them but you didn't do it in writing, give them a note from your doctor. It is the best way to ensure you can prove notice of your pregnancy. Providing notice is a threshold issue in pregnancy discrimination cases. You can't prove pregnancy discrimination if you can't prove they knew you were pregnant.
When should you tell them you're pregnant?- Sooner rather than later and certainly before you are showing. Do it in writing so it can be proven later if something bad happens.Waiting only complicates things.
There are other reasons to tell them sooner, if your employer has five (5) or more employees you may be eligible for Pregnancy Disability Leave ("PDL.") PDL provides protected time off for women disabled by pregnancy. It defines "disabled by pregnancy" to include time off for prenatal care and severe morning sickness [2 Cal.C.Regs. sec. 7291.2(g).] That means you can take time off for your prenatal doctor visits and when you have real bad morning sickness.
If you are then terminated for absenteeism because of the time off taken in connection with your pregnancy, it could be a strong unlawful termination case which may entitle you to damages.
For more information on pregnant worker's rights click here.
The image in this article was provided courtesy of duron123 / FreeDigitalPhotos.net
The image in this article was provided courtesy of duron123 / FreeDigitalPhotos.net
What if u have one of ur friends from work give the doc's note that proves ur pregnant to ur work?
ReplyDeleteIt is better than your own verbal notice to your employer, but it creates a dilemma for your friend. While your friend may be willing now to come forward and confirm they did this for you, they may change their mind later when they realize that it might create friction at work for them.
DeleteProviding written notice via email or fax with a confirmation report are the best methods to give notice. They are strong evidence that the certification of pregnancy from your doctor was successfully transmitted and received.
Wouldn't hurt to give written notice again so you can prove it later if necessary.