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Ability to Work

Employers are not allowed to ask pregnant employees to undergo any tests or special procedures to test their ability to work.  In some organizations it is mandatory for people suffering from any illness/disability to produce a doctor’s statement before they are granted leave/ sick benefits.  Such employers may also ask pregnant employees to submit a doctor’s statement concerning their inability to work.  Similarly, an employee returning from maternity leave may be asked to produce medical certification showing their ability to work only if such certification is required from employees returning to work from other temporary disabilities.  If a pregnant employee is temporarily not able to perform her duties because of pregnancy, she may be treated in the same manner as any other employee with a temporary disability.  For example, if the employer allows work from home or flexible timing to a temporary disabled employee, same options should be available to pregnant employees as well.

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