Can you get fired while pregnant ?
Let’s say that in this situation I am an average performer and during the first part of the pregnancy i want to dial back a little without the fear of getting fired. I haven’t told my manager yet as the first trimester is not over yet and is risky ( auto immune disorder has led to a uterus not that strong) . Any advice?
Talk to HR first. If you have a note from your doctor about needing to take on a lighter workload (whatever that might mean for you) that will help manage future conversations. They can’t fire you for being pregnant but they need a chance to manage yours and their expectations. HR will ensure compliance across the board (I believe that pregnancy is a protected class). I’m not in HR but am a female and a people manager who has worked through multiple pregnancies on my team. Reach out to them or, if your company provides, your insurance advocate (pregnancy falls under ‘disability’ for most - maybe all - providers). They are interested in supporting you as best they can.
Ok I got this wrong. Your suggestion is to talk to HR first. Won’t that make my manager uncomfortable ?
Everywhere I have worked, the employee is urged to speak with HR first. This is to help you get situated with not only the legal side of things (family medical act) but also to take advantage of whatever additional support a business can provide. I’m sure Paypal has a portal either through insurance or your benefits department that can give you some high level information. They will also want to work with you to ensure you are set up for success not only during your pregnancy but to make sure you are supported while you are out on maternity. To be clear, this should mean that you are not asked to do work or participate in anything - but they will help navigate this for you. All in all, pregnancy is complicated for an employee and employer. This is one of the times that HR is fully invested in helping you. Many managers are not fluent nor experienced enough to be able to give you accurate and appropriate information as to how to proceed. Speaking directly for myself, I have probably managed about 10 women through their pregnancies and I have always asked them to speak with hr before me (or they had already done so and I’m after the fact). These laws can change. HR gets constant training and updates to laws and benefits. Your manager might not get them. Your manager shouldn’t get upset. But that’s also a great reason to lean on HR first so they can help mitigate that.
So your suggestion is that I first talk to the manager, then HR ? Sounds reasonable. I think I’ll do that as soon as I cross the 3 month mark.
I believe thats Mr. Butt’s recommend. Mine is HR and they will discuss with you the best approach (they may partner with you when talking to your manager).
Being pregnant is not a protected class
Thanks - I wasn’t sure.
Not a protected class but if you get FMLA with work place accommodations/modifications i.e Reduced hours, they can't say shit
I mean, they have a vested interest in keeping you around assuming you can go back to being a good performer after your child is born. I would just have an honest conversation with your manager so you two can plan around it.
To answer your question, it’s not really protected, it’s at will employment. However if you can get Benefits team to initiate a formal accommodation request, it’s less likely you will get fired. So talk to your primary doctor, get their opinion on what’s best for you and your baby, and ask if they can produce an official letter with the recommendation. Work with your HR team, get them to be on your side. Even if your manager become uncomfortable, they usually won’t attempt to fire you unless they have a really valid reason. Also I would say talk to HR first and then your manager, however try to make those meetings in the same day. Depends on how good of relationships HRBP has with your manager, they might notify him/her right the way.
Average performers don't get fired, only the bad ones do.
Sounds like you don’t trust your manager. If that’s the case, you’re in trouble. Managers are expected to support their team through thick and thin. If your manager can’t do that, you should find another. I did note that you plan on dialing back. That is something you need to tell to your team. They will understand.
Please be weary of the legal "advice" you are reading above. I am an experienced labor attorney. If you would like to have a confidential and privileged chat about your rights as an employee, please let me know and I can schedule a free consultation.
there is not a law that says no matter how bad an employee, you can't get fired while pregnant. however, if you drop the ball without telling anyone you're planning to dial it back, that also isn't good for your team. I'd recommend that you have a candid talk with your manager, and ask them if you can take on some lower stress / lower impact work during the second half of your pregnancy, and ensure you're on the same page. hopefully, they'd be reasonable and work with you