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Can you legally request a reduced workload if you're pregnant?


My girlfriend and I live in Texas, and recently found out that we are having a baby! I'm really excited, but a little worried about the her employment situation.

We aren't married, so I doubt my health insurance would carry over to her (would it?!), and her job puts her in a position where she is regularly punched/kicked/bitten by kids.

Can she legally request a reduction in workload, or request necessary means as to not be in a position that the pregnancy might be endangered?

We might also be considered "high-risk," but we don't have that confirmed yet, and thought that we couldn't even get pregnant to begin with.

Can she lose her job if she refuses to work with certain kids that endanger the pregnancy?

Are employers required to make reasonable accommodations if you are pregnant?

Can the boyfriend's health insurance cover her, as it is his baby?

Thanks for your help!

She works in a position where she cares for special needs kids, and she's worried about miscarriage after a bad punch or kick.

Also, I was changing the narrative forms because I originally wanted to have a couple paragraphs, and then ask several questions in the same format, but then I broke up the paragraphs a little more.. .

The Pregnancy Discrimination Act covers how employers must deal with pregnant employees. The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

The key here is in the phrase "must be treated in the same manner as other applicants or employees with similar abilities or limitations." (Most people do NOT understand this!) There is also a clause that employers must provide "reasonable accommodation" to pregnant employees. Of course, there is some subjectivity involved in determining what is "reasonable."

And, as with all discrimination cases, there is a "technical" definition of employer. The laws do NOT apply to employers with LESS THAN 15 employees.

As for your insurance, if she is not already listed as a dependent, then your insurance cannot cover her costs, BUT they Can cover the baby as soon as it's born. See your employer about how to do this.

First...check with your insurance company. They may cover live-in significant others. Even if they don't, you might qualify as "common-law" spouses. Check with an attorney in your area about that one.

Second, has your girlfriend been working at this place for at least a year? Companies that are covered by the Family Medical Leave Act (FMLA)do qualify for leave based on certain conditions (see the Dept of Labor's website www.dol.gov).

Even if they are not required by law to grant light duty, they still might do it on good legal sense alone.

Your insurance will not cover her. What type place does she work where she is taking this type treatment? She can go FMLA, but there is no pay for that. If she requests less workload, they may request less pay. Not trying to be nasty but if you care so much about her and the baby, why not marry her? Why did the last sentence of this question switch to 3rd party from 1st party? From "your" baby to "his".

Will she take reduced pay? Of course she wouldnt- so why should she get a reduced workload?
Your insurance wont cover her- it would if you were married like you should be- but she probably qualifies for state insurance being pregnant etc

Your insurance won't cover her.

She can ask; but I doubt being in child care there is much she will be able to do; she may be asking to get fired.

Reasonable is in the eye of the employer.

The Equal Employment Opportunity Commission, Americans With Disabilities Act and the Family Leave Act All Protect women if they are pregnant. They Cannot Be fired for a Medical Condition. If a Physician finds that she needs a decreased work load, they have to comply or give her different duties and not as a Punishment for her condition. It is called Reasonable accomodation. They cannot place her or any employee in a hazardous position that is life Threatening...

Depending on the State, you live in some insurers will allow for it, in most cases no. Common Law and Domestic Partnerships are not usually recognized by Employers. She Maybe eligible for Medicaid, if she does not earn enough and does not have insurance. They have to be legally married and Not Common Law.

Pregnancy is not a disability and therefore an employer is not required to make reasonable accomodations. But if your GF is a valued employee the employer may seea benefit in doing so. Have your GF discuss it with the employer. Avoid "making demands." She can request any thing she wants but her employer has very few requirements on them.

No, your insurance will not likely cover your GF. The other employee you speak of may live in a state that recognizes civil unions and/or common-law relationships. Texas does not. Even if you got married now the insurance company will likely consider her pregnancy a "pre-existing" condition and not cover her.

Sounds like poor planning on your part is going to cost you a bundle. I would start researching community health services catering to moms to be. And saving your money.

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