Specialties Ob/Gyn
Published Dec 29, 2010
You are reading page 3 of New grad 30 weeks pregnant and starting on L&D department
lifelearningrn, BSN, RN
2,592 Posts
Um- I'm sorry- It's pretty darn hard to hide a pregnancy at 30 weeks. It is unreasonable, imho, to assume the DON did NOT notice she was pregnant. They aren't allowed by law to ask, and she is not required by law to disclose it. But come one, 30 weeks, on a labor and delivery unit no less, one would have to be oblivious not to notice.
I, as hiring manager would have really wanted to know before I offered you a job.
This attitude is precisely why it is illegal to ask nor require a woman disclose a pregnancy.
This is a pre-existing health condition that will interfere with her job and ability to perform it. Your screw the employer BS attitude is why nurses are not taken seriously at all in this day and age.
Why am I not surprised a man would have this attitude. I guess we should go back to the time of the caveman :Woman have babies: :Woman stay home: :Woman take care of man: :Woman not work:
What next? Fertility becomes a pre-exisiting condition?
FocusRN
868 Posts
Everyone like to state what they think and what they feel. All that matters is what is in this case. And what is, is:
- You did not take a job under false pretenses just because you didn't reveal your pregnancy. It wouldn't matter if you were 39 weeks and 6 days.
- The company may not like it. Tough for them, you are a human, who happen to be a woman, in her child bearing years, this should be expected.
- They may try to fire you, it you live in an at will state they may be quicker to do it. If the do they are not entitled to, you should sue, and would more likely than not win.
- Pregnancy is NOT a disability.
- The United States has some of the worst policies on maternity leave in the world. There needs to be a change.
And finally, don't get into a huff, go to work, take your physical, and if you fail they had better have something really solid. Then tell them about your pregnancy, if they fire you, let them know that you are getting a lawyer and going to the news, and then do so. Other than that, enjoy the rest of your pregnancy (if you are anything like me you will miss it), and enjoy that baby (they grow up way too fast, I just linked and my first baby girl had her second birthday this month.)
krimicrat
112 Posts
We have to be stronger advocates for women and families. There is absolutely no reason why other developed and developing countries have us beat when it comes to these women and family issues.
As a lawyer who practices business law, including human resources and employment law - who is also a nursing student working in a hospital - I agree, completely! I have hired and fired many people, and never, once, did I ever discriminate against someone for being pregnant. It is not dishonest to not disclose a pregnancy during an interview. In my opinion, to do so would be unprofessional. This is not the Dark Ages...
muneca13
88 Posts
Um- I'm sorry- It's pretty darn hard to hide a pregnancy at 30 weeks. It is unreasonable, imho, to assume the DON did NOT notice she was pregnant. They aren't allowed by law to ask, and she is not required by law to disclose it. But come one, 30 weeks, on a labor and delivery unit no less, one would have to be oblivious not to notice.[/quotecall me silly..whats your point?
call me silly..whats your point?
mkmascare
10 Posts
Why am I not surprised a man would have this attitude. I guess we should go back to the time of the caveman :Woman have babies: :Woman stay home: :Woman take care of man: :Woman not work: What next? Fertility becomes a pre-exisiting condition?
Agreed. I thought the same thing when I read that post.
Meriwhen, ASN, BSN, MSN, RN
4 Articles; 7,907 Posts
OP: congratulations! They can't legally fire you for being pregnant, so you can breathe somewhat easier about that :)
However, they CAN legally fire you for not doing your job if they can prove they'd fire a non-pregnant person for the same poor performance...then it'd be up to you to fight the termination. So don't think that your pregnancy is automatically a free pass for slacking on the job (intentionally or otherwise). Take care of yourself physically and emotionally, go in there and do the best job that you can!
Good luck with both the job and the baby!
BittyBabyGrower, MSN, RN
1,823 Posts
Wow, whatta thread!
Good for you for finding a job. It is NOT going to be easy, esp going into the last part of your pregnancy. You do have to remember that you will have about 8 weeks or so until you give birth and it is going to be rough. Also, you are in a probationary period and if you can't do what is expected of you, that might not bode well. You will also only have 6 weeks off after the baby if you have a SVD....you haven't been there long enough to get extended time off and you still have to finish out your orientation. And that is rough.
Is there any way you could talk to the manager...did you interview with her or the director of nursing (our directors don't interview anyone) and explain that you are pregnant but really want to go at this. Or is there any other positions that will be opening up when for after you have the baby?
I only ask because I just started orienting a gal who is 32 weeks pregnant and she is having a rough time of it...being on her feet for 8 hours 5 days a week is about to do her in. I do try to make sure she is getting breaks and water, but we are so busy that we sometimes only get our 1/2 hour lunch and that is it for the day, and we rarely have time to sit down except at the end of the day to talk. I feel for her, but I am trying to get her thru as much as I can in this time we have before she delivers. She is not really happy with the idea of only getting 6 weeks but that is all she is going to get unless she has a section then it is 8 weeks. Also, we haven't been able to take some of the really sick kids because they have pregnant woman precautions on them, so when she comes back to work, that is where we have to jump right into so that I can make sure she gets what she needs before her 12 week orientation is done. My point is this...you have to be willing to work hard, not complain, and show them your want to do this with all our heart.
It is up to you to decide what to do in the end. Like someone said, they can't fire you for being pregnant, but they can when you come back and you don't do well thru the rest of your orientation. It is hard to have a newborn at home, esp a 6 week old and then go to work for how ever many hours a week and learn what you need to know and be focused. Good luck to you!
labordude, BSN, RN
482 Posts
Just throwing a couple of things out there...keep in mind I am not a lawyer. My interpretation of things going on with you compared to relevant law is this. The company may not rescind the job offer BECAUSE of your pregnancy, however they may rescind if you fail your physical as they can with any condition that affects your ability to perform the role you were hired for, barring reasonable accommodation. You will not have worked for your facility for longer than 12 months and 1250 hours in that time period leaving you ineligible for coverage under FMLA, though your particular workplace likely has short term disability (you might be able to get 6 weeks for vag deliv/8 weeks for c-sec). This isn't a matter of disclosure, you are under no obligation to disclose something that is protected by multiple civil rights and discrimination laws. On the flip side the company doesn't owe you anything either, though they may not use your pregnancy in and of itself or your non-disclosure of a protected condition to rescind the position. Just my two and a half cents and again, IANAL.
Um- I'm sorry- It's pretty darn hard to hide a pregnancy at 30 weeks. It is unreasonable, imho, to assume the DON did NOT notice she was pregnant. They aren't allowed by law to ask, and she is not required by law to disclose it. But come one, 30 weeks, on a labor and delivery unit no less, one would have to be oblivious not to notice.[/quotecall me silly..whats your point?I was trying to point out that some people are assuming the interviewer didn't notice she was pregnant and therefor she was less than honest. At 30 weeks, if the interviewer didn't notice her pregnancy, why should that be used against her? And if she didn't for some reason notice, than she hired her based on her application and interview. Pregnancy is NOT supposed to play a part in the hiring process.. so the plain and simple fact is, she was hired. If they change their mind, the overwhelming reason couldn't really be anything OTHER than her being pregnant since they OFFERED her the job. Why else would they revoke an offer?
I was trying to point out that some people are assuming the interviewer didn't notice she was pregnant and therefor she was less than honest.
At 30 weeks, if the interviewer didn't notice her pregnancy, why should that be used against her? And if she didn't for some reason notice, than she hired her based on her application and interview. Pregnancy is NOT supposed to play a part in the hiring process.. so the plain and simple fact is, she was hired. If they change their mind, the overwhelming reason couldn't really be anything OTHER than her being pregnant since they OFFERED her the job. Why else would they revoke an offer?
Risgirl
84 Posts
Well put NICUGUY...I think the problem a lot of people have here is that they're not going with the facts. Here they are:
1) No interviewee has to disclose any medical condition that will not require a reasonable accommodation on an interview. If it's not a BFOQ (bona fide occupational qualification) then the interviewer CAN'T ASK!!
2) Any person who was hired for a job can end up out on disability within weeks, days or hours of when they start the job - I've seen it happen. People get jobs and are 4 weeks pregnant and wind up out on leave much earlier than planned, or have pre-existing conditions that require surgery earlier than they thought so that's not a good argument for not hiring a pregnant woman (not to mention it goes back to #1 - ILLEGAL)
3) FMLA is what covers you and protects your job and benefits while you are out on a leave of absence for your own serious health condition (yes pregnancy is considered a serious health condition under FMLA), that of a child, spouse or parent and without the 1 year and 1250 hours of time in, FMLA does NOT apply so there's no job protection under federal statutes.
4) Disability and FMLA are separate, disability plans are what pay you while you are out and FMLA protects your job so it is possible to be eligible for disability while not being eligible for FMLA or even a leave of absence. Leave policies that are more generous or in addition to FMLA are defined by the employer (or the state in some cases).
5) Any employer who fired a woman for being "pregnant" and stated it as such would be STUPID and I'm sure most hospitals would not put that in writing. The facilities leave policy is what will give them the right to grant you leave or terminate you for being unable to work. Bottom line, policy and past precedent is most likely what they will use to keep you or to let you go.
I hope that it ends up that they did know you were pregnant when they offered you the job, and figured that since they are in the business of mommies and babies they have no issue with your situation!! GOOD LUCK!