#PregnantPhysician #ResidencyPregnancy #MaternityLeaveLaws
As a pregnant physician in residency, you may be wondering about your rights and options when it comes to informing your boss about your pregnancy. It’s understandable that you may have concerns about how your boss will react and how it could potentially impact your work and future job prospects. In this article, we’ll delve into the legal considerations and provide some guidance on how to navigate this situation.
Legal Rights and Protections for Pregnant Physicians
When it comes to pregnancy and employment, there are laws in place to protect pregnant employees from discrimination and ensure they have the opportunity to take maternity leave. Here are some key points to consider:
1. Pregnancy Discrimination Act: Under this federal law, it is illegal for an employer to discriminate against an employee because of pregnancy, childbirth, or a related medical condition. This means that your boss cannot treat you differently or create a hostile work environment because of your pregnancy.
2. Family and Medical Leave Act (FMLA): FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for the birth and care of a newborn child. If your residency program is covered by FMLA and you meet the eligibility criteria, you may be entitled to take leave for the birth of your twins without fear of losing your job.
3. State and Local Laws: In addition to federal laws, some states and local jurisdictions have their own pregnancy and maternity leave laws that may provide additional protections. It’s worth researching the laws in your specific location to understand what rights you have as a pregnant physician.
Should You Hire a Lawyer?
Given the potential complexity of your situation and the importance of protecting your rights, it may be worth considering consulting with a lawyer who specializes in employment law. A lawyer can provide personalized guidance based on the specific details of your residency program, your employment contract, and the laws in your state.
Here are a few reasons why hiring a lawyer could be beneficial:
– Legal Expertise: A lawyer can help you understand your rights and legal options in the context of your specific circumstances.
– Negotiating Your Leave: If you anticipate resistance or pushback from your boss regarding your maternity leave, a lawyer can advocate on your behalf and help negotiate a leave plan that works for both parties.
– Protection Against Retaliation: If you’re concerned about potential retaliation from your boss or colleagues because of your pregnancy, a lawyer can help you take proactive steps to safeguard your rights.
Tips for Navigating the Conversation with Your Boss
If you decide not to hire a lawyer and instead plan to handle the situation on your own, here are some tips for navigating the conversation with your boss:
1. Know Your Rights: Familiarize yourself with the laws and regulations that protect pregnant employees, so you can confidently assert your rights if needed.
2. Document Everything: Keep records of any interactions or incidents that may be relevant to your pregnancy and your work environment. This could include emails, text messages, and notes from conversations.
3. Seek Support: Consider discussing your situation with a trusted colleague, mentor, or HR representative who can provide advice and support as you navigate this process.
Your Next Steps as a Pregnant Physician
As you approach the later stages of your pregnancy and prepare to transition to your new attending physician job, it’s important to prioritize your health and well-being. Here are a few key steps to consider:
1. Communicate with Your New Employer: Once you’re ready to disclose your pregnancy, it’s important to have open and transparent communication with your new employer about your expected maternity leave and any accommodations you may need in the workplace.
2. Plan for Your Residency Transition: As you prepare to step away from your current residency program, focus on ensuring a smooth transition for your patients, colleagues, and any ongoing responsibilities.
3. Take Care of Yourself: In the midst of navigating the legal and professional aspects of your pregnancy, don’t forget to prioritize your physical and emotional well-being. Rest, self-care, and leaning on your support system are crucial during this time.
In conclusion, navigating a pregnancy as a physician in residency can bring unique challenges and considerations. By understanding your legal rights, seeking support, and advocating for yourself, you can approach this transition with confidence and ensure that you are protected as you move forward in your career. If you have specific legal questions or concerns, it’s always a good idea to consult with a knowledgeable attorney who can provide personalized guidance tailored to your situation.
Remember, you have the right to pursue your career and build your family without fear of discrimination or unfair treatment. Wishing you a safe and smooth journey as you welcome your twins and embark on the next chapter of your career as a dermatologist. 🤰#PregnancyRights #PregnancyDiscrimination #PhysicianMaternityLeave
>I read in my state I’m only legally required to tell an employer 30 days before I’m due?
What state requires you to disclose ever?
Is your program a member of CIR? If so they should have union legal services available
You can tall HR when you’re ready so that you have your paperwork all in order and FMLA if needed for unplanned time off. Tell HR not to share with others
If your company is covered by the Family and Medical Leave Act, then you just need to request leave 30 days in advance before taking off to give birth. If you are not requesting time off for maternity leave, you have no obligation to disclose.
On another note… “8 weeks to rest and heal after my C section, which will be really nice and plenty of time.” I say this with love and as someone who went through ppd hell, that may not be enough time. I think most new moms would not consider 8 weeks plenty of time. Be kind to yourself if it isn’t. Prioritize your health.
The FMLA requires you to give 30 days notice to your employer for a foreseeable leave. State law could be different. Be safe and give like 35 days notice. I wouldn’t lie if you’re asked directly but you’re certainly not required to tell them. Good luck
-Employment attorney
The only reason you’d need to say anything is for the purposes of an accommodation or FMLA. Which would be in the form of a formal written notice and any forms HR needs. Since you don’t want anything from them. Then you don’t have to tell them anything. Your medical conditions are private.
Don’t talk about it and play dumb when they inevitably bring it up.
Not an attorney anywhere
Based on all the info here, there is no reason to tell her at any point if you will stop working with her at 18 weeks. Even with twins you can camouflage your belly if you want until then, especially being your first pregnancy.
You’re stressing out because she’s a horrible boss, but you don’t need to. You’ll stop interacting with her soon enough.
Thinking that 8 weeks will be enough to have twins through C-section after finishing up your residency and before starting work is typical American wishful thinking.
My personal advice would be to talk to the practice where you’re starting and go in reduced hours. One day a week/two days a week/three days half-schedule. The most reduced hours that they will agree to.
You won’t be anywhere near feeling normal before 6 months with twins. I suggest you bring your mom to live with you, or anybody who can help.
I’m a veterinarian, so I come from that perspective. We typically have to disclose as soon as we know because we will need extra protection from radiation, anesthetic waste gases, and drug exposure. Keep that in mind if those are risks with your residency.
There’s no legal requirement to disclose a pregnancy. Since it doesn’t sound like you’ll need to request any sort of accommodations, I see no reason for you to tell your boss.
Are you a resident in the US? The ACGME and your specialty board likely has some kind of rules around maternity leave, pregnancy, and things like leaves of absence and discrimination. I am a physician but not currently a resident so I do not know the current situation with ACGME, but I know there have been some rule changes since I was a resident that largely benefit residents.
Legally speaking, it’s usually better to tell, because that provides you with certain legal protections. Is there a union that might step in if she increases your workload after disclosure?
Secondly, you should check whether you’re obliged to disclose due to certain health risks at work. As an example, in my country (Belgium), kindergarten teachers have to disclose and stop working immediately once they know they’re pregnant, due to the risk of contracting CMV when working with small kids. I would imagine that doctors might run even more risks and need protections for that, but I’m not aware of the specifics. The only relevant limitations that I’m aware of in Belgium is that pregnant women are not allowed to do night shifts or heavy lifting (for any job).
Finally, it’s important to realize that working until shortly before birth is associated with certain health risks, including increased odds of preterm birth. With twins these risks are amplified, so you might have to stop working sooner than planned for your own health and the health of your babies. If all goes as planned that’s all the better, but it’s best to already consider a back-up plan in case you’re unable to keep working until the end of this residency.
NAL but am 25 weeks pregnant with twins, didn’t start obviously showing until about 23 weeks, where people who didn’t know already would feel comfortable saying “omg you’re pregnant”. Prior to that is wasn’t nearly as obvious especially in looser clothing. Also, I’m not sure what type of twins you’re having (I’m having mono-di) and my OB won’t let me go past 37 weeks, the average for twins is 36 I believe. Di-di they usually let you go to the 38 but not longer. The only thing I can interfering with your plans not to tell is increased monitoring with twins, I’m going to at least weekly appointments at this point and sometimes it’s hard to predict, I’ll go on a Monday and they’ll say we want to see you again on Thursday. If your schedule allows for flexibility you should be able to get by as long as you don’t need to request the time off.
Dear OP: will you need accommodations during your pregnancy? Including NOT being exposed to potential toxins? That is the reason to inform your supervisor.
NAL, but I am a mom and a physician. 8 weeks is bare minimum for recovering after a c section, and caring for twins is no small feat either. Strongly recommend postponing your start date if you can afford the unpaid time.
You don’t have to disclose anything, but it may be of benefit to disclose before 3rd trimester in case you have complications that require accommodations at work. You’ll certainly be needing time off for OB visits, which should be protected under FMLA even if you don’t plan to take maternity leave with these guys.
I think you may need to call your OBGYN and gauge their opinion about the rotation you’re doing your residency in and then read through the hospital’s policy. From my memory of attending/working at a medical school there are several things you could be exposed to that could impact the health and safety of unborn children. The disclosure may be protective of you but if you think there would be discrimination you should definitely touch base with your Residency Director or HR even if it is rare to come in contact with them.
To add to your questions for your attorney, what happens if you deliver early which sometimes happens with twins and you have not told your employer. Also, if you disclose this to your HR department can you request that they keep your condition confidential and not tell your boss since technically you won’t be working for her when you are scheduled to deliver.
Congratulations! When I was in active practice, I was a trail attorney specializing in civil rights cases, mainly employment discrimination. As I am on INACTIVE status, this is not legal advice, only a direct answer to your question.
You are under no legal duty to disclose your pregnancy, even pre-employment, to the employer. However, depending on the nature of your job, it may be advisable to disclose if you need accommodations, because of your pregnancy. Obviously, if the employer is not advised of the pregnancy, they are unable to make any accommodations.
More importantly, and in response to your legit concerns, “Some employees are anxious about revealing their pregnancies because they fear they will be fired or treated differently at work. By law, however, employers may not discriminate against an employee because she is pregnant. If your employer has at least 50 employees, you may be eligible to take up to 12 weeks of leave for pregnancy and childbirth under the federal Family and Medical Leave Act. Your state may give you additional rights to time off for pregnancy and parenting, etc.” https://www.nolo.com/legal-encyclopedia/when-should-i-tell-employer-i-am-pregnant.html#:~:text=No%2C%20you%20are%20not%20legally,least%20through%20the%20first%20trimester. If you are retaliated against due to your pregnancy, it is a violation of federal law, and depending on where you live, probably, state law. Please note that the federal FMLA only applies to employers with at least 50 employees.
I will say that, as a practical matter, if you intend to return to the employer, it is best to let them know in a timely manner so that both of you can come up with a plan to cover the position in your absence. Take care.
Resident here and recently pregnant. You might want to inform them just so you can avoid certain exposures: CMV, shingles, VZV, radiation, chemo drugs, etc.
Disclose when/if legally required to. Look in employee handbook and consult an employment lawyer in your jurisdiction to be 100% on when that is.Â
If you do need accomodations to continue to work safely, have another doc do the letter listing what is required without explicitly stating the medical condition is pregnancy.Â
Meanwhile for how to deal with the grumpy boss? Stock up on gently snarky one liners to get her to back off if she ever questions if you are. Strangely, you could tell the complete truth while still dodging it if she does ask you if you are pregnant – “Yep, pregnant with twins! Hagen and Daz! Guess I should lay off the ice creams”. Or something along the lines of “oh how terribly embarrassing for you! I would hate to have forgotten my manners and assumed someone was pregnant. It’s okay, we all have these little moments” and go about your day.Â
Hi I am in NYC and had a similar situation working in healthcare. I did not want to tell my job at all because I worried they would make my life hell and I waited until I absolutely had to tell them because I was planning on taking FMLA. I ended up telling them about 6 weeks before my scheduled induction and also pushed my due date a little to them because that’s what they immediately asked about. I dressed using baggy clothes and just went about my business. When one of the bosses asked me if there was anything going on I just said I had some medical issues. I said it in a tone that implied they shouldn’t be asking me that and shut down all conversation. It’s none of their business and the pregnancy didn’t impact my ability to do my work.
They were not pleased when I told them and they asked why I didn’t tell them sooner. I just shared it was a high risk pregnancy (which was true) and that everything was in flux. But like if I didn’t have to tell them for the maternity leave, I never would have told them. I would have just disappeared lol.
As a resident you care about labor laws but also about the ACGME. I assume your boss is your PD. I also assume you are employed by a hospital. The hospital HR will enforce labor laws. In whatever notification you give to your PD, you cc HR. The PD, however, is the one dealing directly with the ACGME. The hospital’s GME Office, however, can intercede if the PD is not treating you right.
As you note, it doesn’t seem that your pregnancy will interfere at all with your residency. In that case, you don’t need to tell anyone. The issue may arise if you need to take off earlier. From the labor perspective, they will have to give you time as per hospital policy regarding any other employee. You will use your sick leave, then vacation time, and then you will apply for FMLA.
However, ACGME does limit the amount of time you can take off from your training in a given year and through your residency to 6 weeks. This must be paid time. Per ACGME regulations, this must be included in your contract.
If you exceed this time due to circumstances out of your control, the PD needs to offer to extend your training (getting paid, of course). This will, of course, hold up your graduation and board eligibility. This will only apply if you have been sick for over 6 weeks through your program and if you have no vacation time let for your final year.
In any case, to avoid problems I would make sure you sign your patient notes the same day as the visit, submit your evaluations on time, and try to make sure that the people who need to evaluate you do so by the end of each rotation. That way, if you need to take off, there is nothing your PD can claim to deny your ACGME sanctioned paid leave.