Pregnant firefighters

[Medic129]

Just for the record, I'm not trying to start any type of sexist thread. I feel that women work well in the fire service. If this turns out to be anything like that, it's not what I intended. Now, with that said, my question. We are a department with 19 full time members. One of them happens to be a woman. In the history of the dept, we have never had this type of an issue arise, but our female firefighter is now pregnant. There is currently no provision in our contract with the city for pregnancy. The problem is that we are mid contract and she requested that the union begin discussions with the city about adding a provision for pregnancy. We also don't have a "light duty" assignment in our dept. My question is what type of provisions do you guys (and gals) have in your contracts for pregnancy and how have you handled this issue in the past. As much info as you can provide is much appreciated. Thanks.

[LadyCapn]

Medic129, there has been legal precedant set that the employer, in this case the City, has a "duty to accommodate" a pregnant employee. In other words, should the type of job pose any potential harm to the fetus, the employer has an obligation to accommodate the employee in any way possible.

Check with your local Police Department on what contract language they have for pregnant officers. That way at least it is probably the same employer therefore you have a precedant within the city.

Good luck

[BillyMott]

We do not have any such language in our contract either, however we have had about 5 of our females go through the entire term with out any problems. Our Dept. lets them preform their regular duties until they either ask for light duty or their Doctor recommends it. After the birth they are then allowed to use their sick leave or vacation time. They are also afforded all of the benefits allowed them under the Family Medical Leave Act. If they happen to run out of time our members have also been known to donate/transfer vaction time out of their accounts into the account of the one in need to keep regular paychecks coming during their recouperation time. I guess this is a definite advantage to having a dept. of 300+.

[Medic129]

LadyCapn,
That's exactly the type of info I need. Can you tell me where I can find the exact legal statue or whatever that says what you said. That would be wonderful. As far as the PD, they have a female who just went through a pregnancy. They transferred her to investigations for the duration. We don't have the luxury of a position like that. We also have thought about some type of lateral transfer to another city dept (public works for example) but we don't have a provision for that either. Like I said, this is a first. Thanks for the info. Keep it coming.

[firegal_al]

Hey, I am new to the forums and was skimming thru and this caught my eye, because I went thru this 3 years ago. I work at a fairly small dept (about 70 personnel) and they to said they had no "light duty". Since I am the first and only female in my dept, they really didn't know what to do. I will say this, your female firefighter has the right to work if she wants to, if they tell her to go home and she says she is working (even if it's against Dr's orders), they are violating her rights. I wish I had known this when I was pregnant. However, most of the guys I work with ended up donating me sick time and I only missed one paycheck from March-Nov. I owe them more than I will ever be able to repay them. As for our union, they stood by me ALL THE WAY. If you want more details, e-mail me. Oh yeah, by the way, we got "light duty" about 8 months after I came back to work.

[SquadHog]

[quote] ...your female firefighter has the right to work if she wants to, if they tell her to go home and she says she is working (even if it's against Dr's orders), they are violating her rights.

---

If she's more concerned about her almighty rights than her unborn child, I pity them both. I can't imagine how any pregnant female engaged in firefighting would not be posing "potential harm to the fetus" not to mention herself and her co-workers. That makes me sick.

[LadyCapn]

Medic129, I am referring to Canadian case law and union arbitration settlements. I'm not sure how relevant they will be to your situation as we are dealing with another country.

What about Prevention? Does your Dept not have a Fire Prevention Division? Why could she not deliver Pub Ed programs until she delivers?

[MFD]

i hate going on calls with morning sickness.

[emsandme]

I believe a female FF has the right to be pregnant but their is a limit to her duties. She shouldn't be six months on the job and still going on runs. Every female should have the choice to be pregnant FF or not! Just be safe and know your limits.

[distchief60b]

I have had this occur where i used to work. Billy Mott is right. Most continue to work in the field until they ask to re-assign or their doctor says that they should not continue. There has to be a point though (in my opinion) where safet of them, their child and other personnel factor in.

But I am sure that even though your department does not have anything in your contract about pregnancy, there has to be something somewhere in city poilicy that addresses the issue. And even though you are undercontract, you still are covered under city policies that exist and therefore there is the loophole.

In your negotiation for a new contract add a pregnancy clause that is generic and open. This way there is room for adjustment and flexibility in accomodation of the individual.

Good luck.

[RoryEl]

Midcontract is time to begin work on renewal provisions, however this firefighter's issues will need to be addressed long before contract negotiations begin. I would suggest:
1) Having your local president contact the IAFF on this issue.
2) Obtain an opinion from an attorney who specializes in fire service contract law.
3) Be prepared to go tho the mat for your co-worker and educate any of your brethren with attitudes like "Squadhog".

Check out
Will Aitchison, P.C.
Portland, Oregon

He has represented firefighters and written extensively on fire service legal issues. He should be able to recommend a peer that is in your area.
Check this link for his books: http://www.lris.com/Books/fire/rof.html
Check the Oregon Bar Association to contact him.

[crashbgfdchick]

At very least, have the pregnant FF sign a waiver that IF she decides to work regular duty (with or without a doctor's permission) she releases the city and her fire department of any liability.

Every woman is different in their abilities throughout their pregnancy. If they're insisting on making their own choice, than the department/city should not be concerned about a lawsuit if her actions are detrimental to the health of her baby.

However, in my opinion, if I became pregnant, I'd go to light duty or take a leave of absence.

[ 01-13-2002: Message edited by: crashbandicoot_bgfdchick ]

[Captain 12]

FIRST THING I WANT TO SAY

I DID NOT DO IT

2. The year is 2002 there shall be woman firefighters and you need to address this.

Just like anything else that comes along like when the fire service got motor driven truck we need to buy gas>>>>>

[NCRSQ751]

My departments have a very simple policy. The firefighter can do what her doctor clears her to do. We have one that is pregnant now in my fire department. There are plenty of tasks she can perform without endangering the baby. We don't presume to judge or to second guess someone with MD after their name.

Provide firefighters with a detailed job description that lists specific tasks they are to perform: i.e. lifting up to x lbs., wearing Self contained breathing apparatus in hazardous atmospheres etc. This cannot be comprehensive (and should say so - you can't list everything)but it allows the physician to make an informed decision. They then provide written documentation at least on a monthly basis or when anything changes that spells out what they can and can't do. This covers the department and the firefighter.

Bottom line, most pregnant firefighters will not be the ones volunteering for interior work at this time due to the lack of research on the potential effects on a baby (and common sense). There are other things they can do, even on a fire scene. Let them be productive members as long as they and their physicians feel they can without any harm to the child.

[UAF]

I can't address the contract issues, but I know ours, and other, vollie departments who use criteria more or less like this:

No interior work/work requiring SCBAs.
No high heat exposure.
The dept. down the road from us had their female vollie working as engineer and, when in last trimester, as dept. photographer.