Jan 26, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

What Federal Employees Should Know About Working While Pregnant

Federal employees who are pregnant or may become pregnant have special rights under the law. For one, they have protections against pregnancy-based discrimination and gender-based discrimination. In addition, they have the legal right to receive certain work adjustments while they are pregnant. If you or a loved one are facing pregnancy-related discrimination or are not receiving accommodations from a federal employer, you should contact a qualified workplace discrimination attorney at the Law Office of Aaron D. Wersing, PLLC immediately. Working While Pregnant: Relevant Federal Laws In 1978, Congress passed the Pregnancy Discrimination Act (PDA). This act expanded the prohibition against sex discrimination to include discrimination relating to pregnancy, childbirth, and all related conditions. In other words, your employer cannot discriminate against any employees in any way because they are pregnant or were pregnant. This prohibition applies to all aspects of employment, including hiring, firing, pay, and job assignments. In addition, employers cannot discriminate against employees because they intend to become pregnant or have a medical condition related to pregnancy. The PDA also prevents employers from harassing those who are working while pregnant. Harassment includes a variety of behaviors, including: Finally, the PDA prohibits employers from excluding pregnant women from certain work conditions for their “protection.” Due to these expansive protections against pregnancy-related discrimination, any employee who believes they are experiencing harassment because they are working while pregnant should contact an attorney. Accommodations for Working While Pregnant Other laws provide additional protections for pregnant employees. For example, the Family and Medical Leave Act entitles employees to take up to 12 weeks of leave for the birth of a child. Furthermore, employees who are working full-time while pregnant—or even just part-time—may be able to get accommodations to help them perform their job. According to the EEOC, possible accommodations for employees who are working while pregnant can include things like: A pregnant employee can also receive accommodation for conditions that are caused or aggravated by their pregnancy. Potential conditions include: Ideally, the pregnant employee will be able to perform the regular duties of her job with accommodations. In some situations, however, the employee may not be able to perform certain functions of their job while pregnant. In these cases, the PDA allows employers to temporarily alter the pregnant employee’s job duties. Alternatively, the employer can transfer the pregnant employee to a different position until she delivers the child. Employers should engage in an interactive discussion with pregnant employees to determine possible accommodations. Do You Want to Learn More About How the Law Protects Those Who Are Working While Pregnant? Creating a family is a special and exciting time of life for most people. Although it also comes with many challenges and trials, discrimination and harassment should never enter the picture. When discrimination and harassment occurs, it can have a devastatingly negative impact on the mother’s mental and physical health. That’s why it is so important for you to get legal help immediately if you think you or someone you love are suffering from workplace pregnancy discrimination. Contact a Federal Workplace Discrimination Lawyer Today Here at the Law Office of Aaron D. Wersing, PLLC., we are fully committed to protecting our clients from any form of workplace discrimination. We will fight to ensure that you have a safe place to work, free from discrimination. We’ll also fight to get you any compensation you deserve for any harm you have endured so far. Even if you aren’t sure whether you need an attorney or are facing discrimination, contact us today. Don’t wait. Give us a call today at (866) 612-5956. Let us help you defend your rights!

Nov 16, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

A Federal Employee Lawyer Explains What a Workers’ Comp Causation Letter Is

Workers’ compensation (or “workman’s comp”) is a very familiar term for individuals in the workforce, but many only understand that term in regard to state rules. If you’re looking for help with a claim, many workers’ comp attorneys only handle work injury claims under state law. But If you’re a federal civilian employee who suffers injury at work, you must make your claim for benefits under the Federal Employees’ Compensation Act (FECA). Making a claim under FECA can be complicated, frustrating, and protracted. Enlisting the help of an experienced federal workers’ compensation attorney can reduce your frustration and help you win sorely needed benefits from FECA. A large factor in winning many FECA claims is a workers’ compensation causation letter. We can help you understand what this is. But first, some background on how FECA claims work. The Basics of a FECA Claim Federal civilian employees who suffer a traumatic injury or occupational disease because of work should report their injuries and seek medical treatment immediately. An injured worker then needs to file paperwork with the Office of Workers’ Compensation Programs (OWCP) to receive FECA benefits for their injury. An injured employee has to prove to the OWCP that their work caused their injury before they can receive FECA benefits. In most cases, the employee needs to provide medical records to an OWCP Claims Examiner to do this. If the OWCP accepts the claim, the employee can receive benefits including: This might seem simple on the surface, but the OWCP can make multiple requests for additional information before they make a decision, and you could still end up with a denial at the end. What Does a Workers’ Compensation Causation Letter Do? The OWCP Procedure Manual states that if you didn’t suffer a “clear-cut” traumatic injury, you have to provide a rationalized medical opinion that proves your work caused your injury. This means that your physician might have to provide a lot of detail about what caused your injury and how. A causation letter is a detailed letter from your physician that explains why they believe your work caused your injury. Your physician might provide this information at the beginning, a Claims Examiner might request this information, or you might need this information to appeal a claim denial. It could take several months before OWCP is satisfied with your evidence and makes an initial decision about your benefits. Consistently providing additional information and waiting that long for benefits can be harrowing when you’re dealing with an injury. A federal workman’s comp lawyer can handle your claim matters for you and help expedite the claim process. Why Do I Need a Federal Workmen’s Compensation Lawyer for My FECA Claim? In general, workers’ compensation is a complicated and bureaucratic area of law. The process of filing a claim is even less user-friendly under FECA. Workman’s Comp Lawyers Can Meet Stringent Evidence Requirements for FECA Claims Claims Examiners can require a lot of information before they make a decision. You might have to endure multiple rounds of information requests just to receive a Claims Examiner’s “yes” or “no.” A knowledgeable workers’ compensation attorney can compile and present the right evidence to help you get your benefits. Workman’s Comp Attorneys Have the Skill and Time to Represent You in FECA’s Difficult Appeals System When you imagine attending a hearing to fight for your workers’ compensation benefits, you probably imagine entering a nearby hearing office to plead your case. For many FECA claimants, this is not an option. Most hearings are only reviews of the written record or telephone conferences that are limited in time. Appeals also happen only through the OWCP or the Employees’ Compensation Appeal Board. With such constraints on your ability to present your case, you likely need a work compensation lawyer to effectively represent your position. In-person appeal hearings are even more difficult to obtain. You should know that there are only 12 Federal Employees Program Offices in the country. There might not be an office anywhere near your state. Workers’ compensation attorneys have the opportunities and resources you don’t have to travel to these offices and skillfully represent your position in person. Reach Out to an Attorney Today to Champion Your Rights When you need benefits for a serious work injury, you don’t want any opportunity to slip through the cracks. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we don’t let our injured clients’ opportunities pass them by. Our federal workers’ comp lawyers are experienced and passionate about protecting the rights of federal employees. If you need help, we hope you will contact us online or call us at 833-833-3529.

Jul 12, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

COVID-19 Paid Leave as a Federal Employee—What to Know

Since the COVID-19 Pandemic began last year, tens of millions of Americans have fallen sick with the disease. To help protect its workers and their families, the government has offered several benefits to federal workers who experience difficulties because of COVID-19. If you’re one of the many federal employees with coronavirus, you’ve probably asked yourself, Do I get paid if I have COVID-19? The good news is that there is paid COVID-19 leave for federal workers who had the disease, been quarantined, or had to care for an ill family member. Take a moment to learn more about whether you are eligible for federal COVID-19 leave. Is There Federal COVID-19 Leave? Yes. The latest effort to provide federal employees with leave began in March. At that time, Congress passed the American Rescue Plan Act of 2021 (ARPA). ARPA included a provision that granted federal employees up to 15 weeks of emergency paid leave (EPL) under certain COVID-19-related circumstances. As outlined by the Office of Personnel Management (OPM), employees can obtain COVID-19 leave if they meet one of eight qualifying circumstances. Here are several of those circumstances: To receive the paid sick leave, the employee must be unable to work at their office and unable to work from home because of the qualifying circumstance. Also, federal agencies cannot force any employee to use other forms of paid leave before requesting EPL. Limitations of Federal COVID-19 Leave Under the American Rescue Plan Act Unlike regular paid sick leave, EPL has a monetary cap. An employee will receive 100% of their salary if that salary is less than $1,400 per week. EPL provides no compensation beyond that cap. Therefore, if you normally make $2,000 a week in your federal position, you’ll only receive $1,400 for each week you use EPL. Also, there is a small window of time to use emergency paid leave. Employees can only use EPL between March 11 and September 30. 2021. Finally, the government set aside a limited amount of money—$570 million—to pay for emergency paid leave. If those funds run out before September 30, 2021, then you cannot receive EPL. Who Processes EPL Claims? After you request EPL from your employer, they’ll decide whether or not to accept your request. Assuming they accept your claim, they will forward it to OPM for reimbursement. However, it may take time for OPM to resolve your claim because it processes EPL claims on a first-come, first-served basis. That’s one reason why it’s important to request EPL sooner rather than later. What If I Had COVID-19 in 2020? You cannot request EPL if you had COVID-19 last year. Before passing ARPA, the government offered federal COVID-19 leave under the Emergency Paid Sick Leave Act. After Congress passed the Emergency Paid Sick Leave Act, OPM released clarifying guidance for all federal agencies. According to that guidance, EPSLA gave employees up to 80 hours of paid leave if they were in quarantine, experiencing COVID-19 symptoms, or caring for a family member. EPSLA’s paid sick leave equaled 100% of the employee’s regular pay if the employee was in quarantine or had COVID-19 symptoms. Unlike EPL, EPSLA’s COVID-19 leave did not have a pay cap. So Do I Get Paid If I Have COVID? Yes and no. There isn’t a law that gives COVID-19 payments specifically to federal employees. However, federal employees indirectly receive payments through EPL because it is paid leave. Moreover, any federal employee who made less than a certain amount of money ($75,000 for an individual or $150,000 for a couple) received stimulus checks earlier this year. Is Your Employer Giving You the Federal COVID-19 Leave that You Deserve? Getting COVID-19 can be a devastating experience with long-lasting effects. Because of that, the new federal COVID-19 leave law grants you special rights for COVID-19-related situations. If your employer is denying you emergency paid leave or retaliating against you because of your sick leave request, they may be infringing on your rights. At the Law Office of Aaron D. Wesing, PPLC., we work to help federal employees stand up for their rights. We have many years of experience assisting hundreds of federal employees with a huge range of federal employment problems. If you think your employer is violating your rights, contact us online or call (833) 833-3529. Don’t wait. Let us help you!