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What Rights Do Pregnant Workers Have in a Pandemic? What Rights Do Pregnant Workers Have in a Pandemic?
(30 days later)
In the middle of March, when it was clear coronavirus shutdowns were imminent, Anna, 29, was at her obstetrician’s office for a pregnancy well visit. She was supposed to travel from her home in the Midwest to Florida that weekend to see her in-laws, but her doctor advised against it. Anna’s obstetrician also recommended that she work from home going forward — pregnant women’s immune systems are already taxed, and experts can’t say with certainty how the coronavirus might affect them.In the middle of March, when it was clear coronavirus shutdowns were imminent, Anna, 29, was at her obstetrician’s office for a pregnancy well visit. She was supposed to travel from her home in the Midwest to Florida that weekend to see her in-laws, but her doctor advised against it. Anna’s obstetrician also recommended that she work from home going forward — pregnant women’s immune systems are already taxed, and experts can’t say with certainty how the coronavirus might affect them.
Anna is an administrative assistant, and after her doctor’s recommendation, her employers initially said they would figure out a way for her to avoid the office. But a few days later, they told her that wasn’t possible, and gave her a choice: be laid off for a few weeks and collect unemployment, or come into the office.Anna is an administrative assistant, and after her doctor’s recommendation, her employers initially said they would figure out a way for her to avoid the office. But a few days later, they told her that wasn’t possible, and gave her a choice: be laid off for a few weeks and collect unemployment, or come into the office.
Anna (who asked that we use her middle name, and not specify her location, because she fears reprisal from her employers) chose the layoff, which lasted until her office got a Paycheck Protection Program loan, which allows small businesses to stay afloat during the pandemic.Anna (who asked that we use her middle name, and not specify her location, because she fears reprisal from her employers) chose the layoff, which lasted until her office got a Paycheck Protection Program loan, which allows small businesses to stay afloat during the pandemic.
So, at 17 weeks pregnant, they called her back, and she grudgingly returned on April 20.So, at 17 weeks pregnant, they called her back, and she grudgingly returned on April 20.
As businesses in states like Georgia and Alaska begin to welcome customers, and the biggest mall operator in the United States plans to reopen 49 shopping centers in the coming days, many pregnant workers like Anna may be wondering what their rights are.As businesses in states like Georgia and Alaska begin to welcome customers, and the biggest mall operator in the United States plans to reopen 49 shopping centers in the coming days, many pregnant workers like Anna may be wondering what their rights are.
“It’s always up to the pregnant worker to request a workplace accommodation, not up to the employer to decide what they think is best,” said Dina Bakst, the co-founder and co-president of A Better Balance, a nonprofit legal organization. Since the virus, the organization has seen the number of calls to their free legal help line (1-833-NEED-ABB) more than triple, and they created resources to inform pregnant workers during this crisis.“It’s always up to the pregnant worker to request a workplace accommodation, not up to the employer to decide what they think is best,” said Dina Bakst, the co-founder and co-president of A Better Balance, a nonprofit legal organization. Since the virus, the organization has seen the number of calls to their free legal help line (1-833-NEED-ABB) more than triple, and they created resources to inform pregnant workers during this crisis.
Bakst said they have fielded many calls from women whose employers have slashed their hours or put them on unpaid leave after they announced a pregnancy. “This is old-fashioned pregnancy discrimination, and it’s against the law,” she said.Bakst said they have fielded many calls from women whose employers have slashed their hours or put them on unpaid leave after they announced a pregnancy. “This is old-fashioned pregnancy discrimination, and it’s against the law,” she said.
With that in mind, here are some answers to frequently asked questions.With that in mind, here are some answers to frequently asked questions.
There are two federal laws that predate the pandemic that could cover pregnant workers, said Emily Martin, vice president for education and workplace justice at the National Women’s Law Center: the Pregnancy Discrimination Act and the Americans With Disabilities Act.There are two federal laws that predate the pandemic that could cover pregnant workers, said Emily Martin, vice president for education and workplace justice at the National Women’s Law Center: the Pregnancy Discrimination Act and the Americans With Disabilities Act.
According to the P.D.A., your employer is required to give you workplace accommodations if the business has 15 or more employees, and it has given similar accommodations to nonpregnant employees. Martin said this can be difficult in a Covid-19 context — you may need to find another example of an immunosuppressed employee whose duties were changed to interact with customers less frequently, for example.According to the P.D.A., your employer is required to give you workplace accommodations if the business has 15 or more employees, and it has given similar accommodations to nonpregnant employees. Martin said this can be difficult in a Covid-19 context — you may need to find another example of an immunosuppressed employee whose duties were changed to interact with customers less frequently, for example.
If you have an underlying condition related to pregnancy, like gestational diabetes, that would trigger the Americans With Disabilities Act, said Sarah Brafman, the senior policy counsel for A Better Balance. According to the A.D.A., an employer with 15 or more employees would be required to provide “reasonable accommodations, unless it’s an undue hardship,” Brafman said.If you have an underlying condition related to pregnancy, like gestational diabetes, that would trigger the Americans With Disabilities Act, said Sarah Brafman, the senior policy counsel for A Better Balance. According to the A.D.A., an employer with 15 or more employees would be required to provide “reasonable accommodations, unless it’s an undue hardship,” Brafman said.
More than half the states and a handful of cities have gone further in protecting pregnant workers — they passed laws that require businesses to provide reasonable accommodations to pregnant workers, without the pregnant workers having to prove that a similar accommodation was given to a nonpregnant worker, or without having to prove an underlying disability.More than half the states and a handful of cities have gone further in protecting pregnant workers — they passed laws that require businesses to provide reasonable accommodations to pregnant workers, without the pregnant workers having to prove that a similar accommodation was given to a nonpregnant worker, or without having to prove an underlying disability.
A Better Balance has a searchable database of state and local laws, as does the Pregnant at Work initiative from the Center for WorkLife Law at the University of California Hastings College of the Law.A Better Balance has a searchable database of state and local laws, as does the Pregnant at Work initiative from the Center for WorkLife Law at the University of California Hastings College of the Law.
Requests like avoiding contact with the public, having additional protective gear, an isolated space to work or changing your role to involve telework are all examples of reasonable accommodations, Martin said, depending on what your job is.Requests like avoiding contact with the public, having additional protective gear, an isolated space to work or changing your role to involve telework are all examples of reasonable accommodations, Martin said, depending on what your job is.
Though Anna’s office has provided her with masks, gloves and hand sanitizer, she still feels frustrated. All she needs to do her job is a computer and a phone, she said, but “they can’t figure out a way for us to work from home?”Though Anna’s office has provided her with masks, gloves and hand sanitizer, she still feels frustrated. All she needs to do her job is a computer and a phone, she said, but “they can’t figure out a way for us to work from home?”
Anna doesn’t want to press the issue, because she’s grateful to have a job at all.Anna doesn’t want to press the issue, because she’s grateful to have a job at all.
“Another thing people forget to think about in terms of accommodations are temporary transfers to alternative positions,” said Liz Morris, the deputy director of the Center for WorkLife Law. “This may be more difficult in the Covid era, because jobs are drying up,” she noted, but it’s worth considering.“Another thing people forget to think about in terms of accommodations are temporary transfers to alternative positions,” said Liz Morris, the deputy director of the Center for WorkLife Law. “This may be more difficult in the Covid era, because jobs are drying up,” she noted, but it’s worth considering.
Ashley Deutsch, 35, an emergency room physician at Baystate Medical Center in Springfield, Mass., who is 26 weeks pregnant, has switched to an alternative telework role. For the first week of the pandemic, she had been seeing patients without respiratory complaints as an accommodation to her pregnancy, but it quickly became clear that Covid was so widespread in her community, even the patients without respiratory issues often were diagnosed with the virus.Ashley Deutsch, 35, an emergency room physician at Baystate Medical Center in Springfield, Mass., who is 26 weeks pregnant, has switched to an alternative telework role. For the first week of the pandemic, she had been seeing patients without respiratory complaints as an accommodation to her pregnancy, but it quickly became clear that Covid was so widespread in her community, even the patients without respiratory issues often were diagnosed with the virus.
Dr. Deutsch is also the director of quality and patient safety for the emergency department, and so she was figuring out how best to communicate Covid test results to patients. She and her employer realized that it would be ideal to have a physician explaining the results, because the news and advice is shifting so quickly, and people had so many questions. She has been working from home for six weeks now responding to these patients.Dr. Deutsch is also the director of quality and patient safety for the emergency department, and so she was figuring out how best to communicate Covid test results to patients. She and her employer realized that it would be ideal to have a physician explaining the results, because the news and advice is shifting so quickly, and people had so many questions. She has been working from home for six weeks now responding to these patients.
“I was very tortured about asking for accommodation,” Dr. Deutsch said. “I love clinical medicine, I really like my job — I don’t enjoy being away from it.” But she has been impressed with her employer’s response to her needs, and is happy with her current role.“I was very tortured about asking for accommodation,” Dr. Deutsch said. “I love clinical medicine, I really like my job — I don’t enjoy being away from it.” But she has been impressed with her employer’s response to her needs, and is happy with her current role.
The first thing to do is get a doctor’s note, Martin said. “It’s not always legally required, but it can be a persuasive thing for your employer,” she said. Make sure to talk to your doctor about the details of your job first, and how you would like them specifically modified. Otherwise, the doctor may request conditions you know are impossible.The first thing to do is get a doctor’s note, Martin said. “It’s not always legally required, but it can be a persuasive thing for your employer,” she said. Make sure to talk to your doctor about the details of your job first, and how you would like them specifically modified. Otherwise, the doctor may request conditions you know are impossible.
“You always want to be savvy to how you’re approaching — you don’t want to escalate or go over your supervisor’s head,” Morris said. She recommends starting a casual conversation with your direct supervisor about your needs and what has been requested by your health care provider. If talking to your supervisor doesn’t work, and your company has a human resources department, H.R. is your next step for a discussion.“You always want to be savvy to how you’re approaching — you don’t want to escalate or go over your supervisor’s head,” Morris said. She recommends starting a casual conversation with your direct supervisor about your needs and what has been requested by your health care provider. If talking to your supervisor doesn’t work, and your company has a human resources department, H.R. is your next step for a discussion.
Updated May 28, 2020
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
More than 40 million people — the equivalent of 1 in 4 U.S. workers — have filed for unemployment benefits since the pandemic took hold. One in five who were working in February reported losing a job or being furloughed in March or the beginning of April, data from a Federal Reserve survey released on May 14 showed, and that pain was highly concentrated among low earners. Fully 39 percent of former workers living in a household earning $40,000 or less lost work, compared with 13 percent in those making more than $100,000, a Fed official said.
There is an uptick in people reporting symptoms of chilblains, which are painful red or purple lesions that typically appear in the winter on fingers or toes. The lesions are emerging as yet another symptom of infection with the new coronavirus. Chilblains are caused by inflammation in small blood vessels in reaction to cold or damp conditions, but they are usually common in the coldest winter months. Federal health officials do not include toe lesions in the list of coronavirus symptoms, but some dermatologists are pushing for a change, saying so-called Covid toe should be sufficient grounds for testing.
Yes, but make sure you keep six feet of distance between you and people who don’t live in your home. Even if you just hang out in a park, rather than go for a jog or a walk, getting some fresh air, and hopefully sunshine, is a good idea.
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
Charity Navigator, which evaluates charities using a numbers-based system, has a running list of nonprofits working in communities affected by the outbreak. You can give blood through the American Red Cross, and World Central Kitchen has stepped in to distribute meals in major cities.
When you have the conversation, you should explain to your employer that your job is important to you, that your family relies on your income and that you remain committed to the role and can continue to do it well, even if you require temporary modifications. Employers may have negative assumptions about pregnant workers’ commitment levels, so “tackling those assumptions up front is always important and explaining the value of your income to your supervisor is helpful,” Morris said.When you have the conversation, you should explain to your employer that your job is important to you, that your family relies on your income and that you remain committed to the role and can continue to do it well, even if you require temporary modifications. Employers may have negative assumptions about pregnant workers’ commitment levels, so “tackling those assumptions up front is always important and explaining the value of your income to your supervisor is helpful,” Morris said.
One option is to take a leave, which Morris described as “the option of last resort.” There are a few states where you may be able to collect a portion of your paycheck from short-term disability insurance. If a pregnant worker isn’t able to work because of coronavirus risks, they may also be eligible to collect unemployment insurance or pandemic unemployment assistance — you can find out how to apply in your state by using this benefit finder. Don’t be deterred if the process seems complicated, or the applications are difficult to access while states are scrambling to get their programs up and running, Morris said.One option is to take a leave, which Morris described as “the option of last resort.” There are a few states where you may be able to collect a portion of your paycheck from short-term disability insurance. If a pregnant worker isn’t able to work because of coronavirus risks, they may also be eligible to collect unemployment insurance or pandemic unemployment assistance — you can find out how to apply in your state by using this benefit finder. Don’t be deterred if the process seems complicated, or the applications are difficult to access while states are scrambling to get their programs up and running, Morris said.
Pregnant workers may also be able to access paid leave through the Families First Coronavirus Response Act, Brafman said. If workers have other children at home and there is no available child care or school, and their employer has fewer than 500 employees, they are entitled to up to 12 weeks of partially paid leave.Pregnant workers may also be able to access paid leave through the Families First Coronavirus Response Act, Brafman said. If workers have other children at home and there is no available child care or school, and their employer has fewer than 500 employees, they are entitled to up to 12 weeks of partially paid leave.
But an issue with the act is the number of exceptions for health care providers and emergency responders, Brafman said. If you’re a pregnant nurse, for example, and live in a state without additional pregnancy protection laws, you may not be able to access leave if your employer chooses not to provide it.But an issue with the act is the number of exceptions for health care providers and emergency responders, Brafman said. If you’re a pregnant nurse, for example, and live in a state without additional pregnancy protection laws, you may not be able to access leave if your employer chooses not to provide it.
If you have underlying conditions, or your employer has granted leave for employees in similar circumstances, you may be entitled to unpaid leave under the A.D.A. or the P.D.A., but that’s not a good option for most families relying on a paycheck.If you have underlying conditions, or your employer has granted leave for employees in similar circumstances, you may be entitled to unpaid leave under the A.D.A. or the P.D.A., but that’s not a good option for most families relying on a paycheck.
You are also entitled to 12 weeks of unpaid leave through the Family and Medical Leave Act, but since that is the only leave you may get to care for your new baby, burning through those weeks while pregnant is not ideal, if you want to return to your job. Some states do have additional options for paid leave during pregnancy, so check state and local laws.You are also entitled to 12 weeks of unpaid leave through the Family and Medical Leave Act, but since that is the only leave you may get to care for your new baby, burning through those weeks while pregnant is not ideal, if you want to return to your job. Some states do have additional options for paid leave during pregnancy, so check state and local laws.
If you have the option of getting laid off for a period of time, like Anna did, one thing to note is that laid-off workers “will likely lose their health insurance, which may be a particularly important factor for pregnant workers to consider,” Brafman said.If you have the option of getting laid off for a period of time, like Anna did, one thing to note is that laid-off workers “will likely lose their health insurance, which may be a particularly important factor for pregnant workers to consider,” Brafman said.
When her employers called her back to the office, Anna asked what would happen if she didn’t return. “Then you quit, and you lose your unemployment benefits,” they told her — a statement echoed by governors in Texas and Iowa.When her employers called her back to the office, Anna asked what would happen if she didn’t return. “Then you quit, and you lose your unemployment benefits,” they told her — a statement echoed by governors in Texas and Iowa.
Anna’s employers told her that in eight weeks, the Paycheck Protection Program loan will have run out, and they may lay her off again. If she gets called back to work again after that, “I don’t know if it’s worth it emotionally and mentally” to return, she said.Anna’s employers told her that in eight weeks, the Paycheck Protection Program loan will have run out, and they may lay her off again. If she gets called back to work again after that, “I don’t know if it’s worth it emotionally and mentally” to return, she said.