Pregnant officer's light duty request denied

[213th]

OCEAN TOWNSHIP, N.J. — Township officials have denied a pregnant patrolwoman's request for light duty.
Officer Sonia Henriques is concerned about putting her unborn child at risk and her doctor agrees. She is two months pregnant.
At a council meeting Monday night, Mayor William Larkin said the Monmouth County community should develop a policy to deal with a police officer's pregnancy. Two of the department's 62 officers are women.
Her union says management has told the decorated officer to stay on patrol or take an unpaid leave of absence.
Police Chief Antonio Amodio Jr. tells the Asbury Park Press he's following township policy.
Henriques was awarded a medal of valor for persuading a person who had pointed a loaded gun at her to surrender in December.

[narcodog]

Since when does a Union tell folks what to do?

[Big Al]

Since when does a Union tell folks what to do?

It says that her "union says managment has told her"


Anyways,,, this would never fly in our dept. The light duty request would be granted.

[Bob Loblaw]

And in future news, Ocean Township, NJ is being renamed Henriques Township in a ceremony today featuring former police officer Sonia Henriques, who as you may recall, is now the world's richest woman....

[narcodog]

It says that her "union says managment has told her"


Anyways,,, this would never fly in our dept. The light duty request would be granted.

I over looked that part,
.

[gozling]

I thought it was some sort of act? like it cannot be denied anywhere?
or is that pregnancy leave?
sorry got confused....

umm yeah I can see this kids college education and entire life paid for by this boo boo!!!

[Bob Loblaw]

On a slightly related note, I have caught myself wondering what I would do with the money if my admin somehow wronged me in such a way that would end up in a huge payoff. I think I would first find out exactly what route each of them took to work each day. Then, I would purchase a series of billboards on each of those routes. Then, on the billboards, I would have placed a giant middle finger and the text "Go to hell, Captain Smith!!! How do you like these apples?!?!?!?"

Either that, or I would rent the world's longest stretch limo, fill it all the way up with the classiest of crack hos, then drive by the PD where the brass' windows are located ...back and forth down the street during the hours they work (about 9:45 until 4-ish) with all the windows rolled down exposing the naked and festering rear ends of said prostitutes.

[Bob Loblaw]

I thought it was some sort of act? like it cannot be denied anywhere?
or is that pregnancy leave?
sorry got confused....

umm yeah I can see this kids college education and entire life paid for by this boo boo!!!

The Family Medical Leave Act says that, basically, an employer has to provide 12 weeks of UNPAID leave to an employee for a listed condition (caring for a newborn child is listed) and they have to hold her job. Of course, there are certain stipulations.

[Five-0]

I thought it was some sort of act? like it cannot be denied anywhere?
or is that pregnancy leave?
sorry got confused....

umm yeah I can see this kids college education and entire life paid for by this boo boo!!!

Federal Family Medical Leave Act aka FMLA. It provides you with unpaid leave, but you don't loose your job if I remember correctly. She could use her sick leave, vacation, and personal leave. Asking to be paid from two months to ever how long after the birth is asking too much in my opinion. This is coming from someone that had a wife just have a baby. People should plan ahead. OK hit me, I'm ready for it.

[213th]

Federal Family Medical Leave Act aka FMLA. It provides you with unpaid leave, but you don't loose your job if I remember correctly. She could use her sick leave, vacation, and personal leave. Asking to be paid from two months to ever how long after the birth is asking too much in my opinion. This is coming from someone that had a wife just have a baby. People should plan ahead. OK hit me, I'm ready for it.

But she's not asking for paid leave, she's asking for light duty. Based on what light duty is here, I would assume it is some pencil-pushing job. If I'm wrong, I'll be corrected. But if I'm right, I don't see that as asking to much.

[Hannah87]

But she's not asking for paid leave, she's asking for light duty. Based on what light duty is here, I would assume it is some pencil-pushing job. If I'm wrong, I'll be corrected. But if I'm right, I don't see that as asking to much.

BUT, she's only 2 months pregnant.. maybe i'm wrong for thinking this but what's a few more months? A couple years ago I knew a lady cop who worked till she was 7 months pregnant out on the road. Granted, she had to get a bigger duty belt and had to stop wearing it when she got too bit.. but she then just carried her gun. Whatever. People these days are frustrating.

[213th]

BUT, she's only 2 months pregnant.. maybe i'm wrong for thinking this but what's a few more months? A couple years ago I knew a lady cop who worked till she was 7 months pregnant out on the road. Granted, she had to get a bigger duty belt and had to stop wearing it when she got too bit.. but she then just carried her gun. Whatever. People these days are frustrating.

I think the reasoning behind it is the safety of the baby, not the officer being incapable to perform patrol duties. Then again, I wouldn't know. I've never been either pregnant or police. But I think that if a pregnant mother feels her job is to much a health risk for her unborn child, then I don't see why they can't let her fly a desk. Unless it means creating a job position just to accomodate her. I think that would be overly much.

[Bob Loblaw]

I think the reasoning behind it is the safety of the baby, not the officer being incapable to perform patrol duties. Then again, I wouldn't know. I've never been either pregnant or police. But I think that if a pregnant mother feels her job is to much a health risk for her unborn child, then I don't see why they can't let her fly a desk. Unless it means creating a job position just to accomodate her. I think that would be overly much.

That's what she'd get here...9-5 entering in pawn tickets and traffic citations. I can see why she'd want light duty...my wife hasn't been able to do shit in about 6 months except feel miserable. I don't think a lady past the first trimester would stand much of a chance in a foot chase or a street brawl just because of the physical limitations pregnancy causes.

[jmur5074]

I've been told my department doesn't HAVE to put anyone on light duty...but they typically do when someone gets injured or is preggo.


If for whatever reason they elect to NOT let you go on light duty (for example, a lack of light duty work for you to do) you can sit at home and burn your sick time.

[Five-0]

We do not have light duty. I don't agree with it, but we don't have it. It has been said already, but two months is definatly pushing it. My wife and I walk the walk too. Her last day of work was a Fri and our baby was born on the following Tuesday. She was an ER nurse at the time. She spent more time on her feet than any patrol officer I would bet. Granted the small spikes of insanity that our job brings is like comparing apples to oranges. She has time to burn like I mentioned earlier. If not, lack of planning on her part does not mean an emergency for her department. Pay for less or no work should not be burden that any employer has to bear, be it private or government for a viarity of reason for either intity.

[gozling]

thanks for the listed info on the leave act...
our dept.. as soon as you know you are pregnant you are required to let them know and you have desk duty.

[baumshoe]

Our department dont offer light duty if your pregnant or hurt on the job. Your shit out of luck on both..

[Jks9199]

It's a complicated question, especially so early in the pregnancy. God forbid, something happens and she loses the baby -- whether or not it's actually due to anything on the job, even stress -- it's a huge liability concern for the department. But light duty for pregnancy is kind of discriminatory (men aren't eligible); pregnancy isn't an illness or an injury, nor should it be incurred in the line of duty. Some departments have a policy that only line of duty injuries qualify for light duty assignments, and some simply have no light duty assignments.

I don't see an easy right or wrong answer here, though I personally think that they probably could find a way to work with her. There may be special concerns in her case, for example, that warrant light duty or even bed rest much earlier in the pregnancy. I know one woman who spent more than half of a pregnancy on enforced bed rest, for example.

[Willowdared]

BUT, she's only 2 months pregnant.. maybe i'm wrong for thinking this but what's a few more months? A couple years ago I knew a lady cop who worked till she was 7 months pregnant out on the road. Granted, she had to get a bigger duty belt and had to stop wearing it when she got too bit.. but she then just carried her gun. Whatever. People these days are frustrating.

Here's what the Court of Appeals said....

Police officer can't sue for pregnancy discrimination
By USA, Lawyers
Publication: Lawyers USA
Date: Monday, October 9 2006
A police officer who was denied light duty and forced to take a leave of absence after becoming pregnant couldn't sue for discrimination, even though two male officers with physical limitations were allowed to return to work following non-work- related injuries, the 6th Circuit has ruled in affirming a summary judgment.

The plaintiff worked as a patrol officer. After she became pregnant, her doctor prescribed light duty work. She was forced to take a leave of absence after her supervisor advised her that there were no light duty positions in the department.

The plaintiff sued the city for pregnancy discrimination under Title VII, alleging that similarly situated male police officers were allowed to work even though physical limitations caused by non- work-related injuries prevented them from fully performing their duties.

Specifically, she alleged that one male officer was allowed to continue to work despite a quadriceps injury that prevented him from pursuing and apprehending suspects, and a second officer was allowed to return to work even though he had not fully recovered from a broken foot.

But the court decided that the two officers were not similarly situated because they had not requested any accommodation for their injuries, instead presenting themselves as willing and able to perform their ordinary duties.

The district court correctly concluded that 'plaintiff has not proved that any other of defendant's non-pregnant employees similarly situated in their ability to work received any more favorable treatment so as to create a genuine issue of material fact.' In the absence of such evidence, [the plaintiff] was and is unable to satisfy the fourth element of her prima facie case of pregnancy discrimination. She failed to demonstrate a causal nexus between the adverse action she was subjected to and the fact that her infirmity was the result of pregnancy. Rather, the record demonstrates that she was required to take a leave of absence because she, in contrast to her non-pregnant colleagues, did not present herself to her employer as ready and able to perform all the duties of her position. She was in this crucial respect, in terms of 'ability or inability to work,' as viewed from the employer's perspective, not similarly situated to the asserted comparables. This difference undermines the asserted inference that her adverse treatment was the product of unlawful pregnancy discrimination," the court said..

Tysinger v. Police Dept. of Zanesville (Lawyers USA No. 9934231) U.S. Court of Appeals, 6th Circuit No. 05-3785. Sept. 25, 2006.

[MacLean]

The FMLA and ADA do not require a department to create a light duty position if one does not exist.

She is entitled to unpaid leave with her job returned to her upon completion.

Now that is just the law - what they should do is give her the light duty and save having to train a new officer. It's called loyalty.