Legal Question in Employment Law in Kentucky

Ok so I'm pregnant. My Dr . Put me on limitations at Work ( Walmart) they told me there was a new rule that limitations had to be approved thru home office that were not work related limitations. I am off work with no pay indefinitely. 1. If they put me off work shouldn't they be required to pay me. 2. Isn't that discrimination against a pregnant lady?


Asked on 6/09/11, 5:33 am

1 Answer from Attorneys

Andrea Welker Welker Law Office

No, they aren't required to pay you, unless you have the sick leave/vacation time to cover it. If you are unable to perform your job due to your medical condition (pregnancy), then you have the option of going on FMLA leave. They have to hold your job for you, but they do not have to pay you while you are out. One would think, however, that if your limitations are concerning lifting or standing, that you could at least work a desk for a few months, if there is position available doing so.

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Answered on 6/11/11, 8:27 am


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