We operate a construction business which consists of erecting metal buildings. We just found out that one of our female

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Customer: We operate a construction business which consists of erecting metal buildings. We just found out that one of our female workers is about 6 months pregnant. We feel there are many risks involved and maybe she should not be working. How should we go about this?
JA: Where is this occurring? I only ask because laws can vary by state.
Customer: New York
JA: Do you have any court dates or documents relevant to this situation?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Infolawyer in 8 mins 2 months ago
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Infolawyer
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Infolawyer, Expert

Hello and welcome to Justanswer! My name is ***** ***** I am a licensed lawyer with over 18 years of experience.  

I am in NY as well. 

I am reviewing your question now and will get back to you momentarily. Thank you for your patience.  

 

Customer
Thank you.....
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Infolawyer, Expert

How are you doing today? I am very sorry you are experiencing this problem. I understand that you are concerned about a pregnant employee being endangered by the work.  What result are you seeking?

Customer
We need to know whether we should tell her to take the remainder of her pregnancy off as this work consists of a lot of lifting, climbing, etc.
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Infolawyer, Expert

Is there any other work she can perform which is not physical in nature?

Customer
Not really, maybe picking up trash at jobsite, but she really doesn't wanna do a lot but just sit and expects to get paid
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Infolawyer, Expert

Is there anything else that you would like me to consider before I provide an answer to your question?

Customer
No
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Infolawyer, Expert

Thanks for that information. I am finishing up your answer and will be getting it to you very shortly.

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Infolawyer, Expert

Your answer is ready and you can read it below! After you review it please let me know if the answer is clear and if you have any follow up questions for me. I will be happy to answer them!

You want to look to accommodate.  I would discuss light duty work or time off from work during this time.  You do not want to terminate or take any adverse action.

Customer
If give time off, are we entitled to pay her?
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Infolawyer, Expert

I would offer time off with pay or explore FMLA leave.

I wish you the best. You are welcome to follow up on the answer as needed and keep me posted.

Have I answered your question to your satisfaction today or do you need any clarification? Kindly let me know, thank you.

Customer
Thank you
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Infolawyer, Expert

I hope everything works out well!

You can reach me more easily in the future with other questions by simply adding me as a favorite expert. You can do that through the “My Questions” page if you choose to rate our interaction.

Thank you for choosing Justanswer for your questions! I wish you all the best! Daniel

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