Queens, New York – Angelica Valencia, 39 years of age, and 3 months pregnant was advised by her doctor not to take overtime at work, but her boss said she’s being terminated due to pregnancy.
All expectant mothers frequently need consultations and checkups at urgent care clinics with their attending doctors, considering their delicate conditions. Pregnant workers on the other hand, are provided with special regulations when it comes to their workplace.
As with Valencia’s case, her doctor advised her not to take overtime at work, only 8 hours is required. She works on the Fierman Produce Exchange, a potato-packing plant. Every day, she departs from Queens to Bronx, a two-hour commute in order to work.
After her doctor’s advice, she was very worried about her boss’ response towards it, as the advice indicated no overtime, and considering the busy season at work, which naturally required workers to work overtime. The doctor’s advice was an urgent care for the pregnant woman, and based on her past miscarriage.
Additionally, this month is the Pregnant Workers Fairness Act anniversary, a bill which was signed into a law on October 2, 2013 by the previous mayor Michael R. Bloomberg. The law has been effective since January and represented a significant step for working women. The law required employers to make reasonable accommodations for their pregnant workers like rest, water breaks, light duties, and modified schedules as a sort of an urgent care near me facility among them.
This year, the Commission on Human Rights officials, who implements the law have been discussing through an urgent care clinic meeting with nurses, doctors, union representatives, and business groups in order to ensure that pregnant workers are aware of their rights, while employers are aware of their obligations.
However, Valencia claimed her employer did not inform her of her rights, although it was required. In fact, she was unaware of such law. She informed her supervisors about her high-risk pregnancy, but was told she should work without restrictions. In August, she said her supervisors asked her to take overtime at work, but felt ill after two long shifts.
The company operations manager Bob Ferla, in a response letter indicated that Valencia is no longer allowed to continue working, asking for a ‘full-duty release’ from Valencia’s doctor if she wishes to continue.
Dina Bakst, co-president of ‘A Better Balance’, and the representation of Valencia said she’s hoping that her client will recoup the lost wages. On the other hand, Ferla was reached through a phone call, but declined to comment on the issue. Valencia’s case, which started from overtime at work requirement, and ended with job termination, is believed to have been a violation of the Pregnant Workers Fairness Act.
