UNC Puts Pregnant Employee on Unpaid Leave

Jessica Haiges and Joshua Chorman at University of North Carolina, Chapel Hill, NC. Let’s Talk New York Images

Pregnant Environmental Health Safety Specialist, Jessica Haiges, was supposed to be reassigned to another position at UNC to avoid hazardous chemicals. Instead, she was forced into unpaid leave. She and her partner, Joshua Chorman, are first-time parents expecting a baby, Juniper, in June. Both parents are struggling to focus on the good news because Jessica’s paycheck and career are in limbo:

How are you feeling?

Jessica: I am feeling pretty terrified. My FMLA, unpaid job protected leave, ends on March 13th and my health insurance coverage through UNC ends that day as well. My baby is due in June. I am supposed to be reassigned to a position where I am not dealing with chemicals, but I fear UNC isn’t interested in finding me a position and they’ll just fire me at the end of my FMLA. They are not in a rush to find me a new position. They stretch their time and weirdly deny me positions that are available for my qualifications. I looked up other people’s similar situations and many were, in fact, fired. So I fear this is what’s going to happen to me.

Are you legally protected in this situation?

Jessica: I am not sure. There is the Pregnant Workers Fairness Act (PWFA), it requires employers to provide reasonable accommodations to pregnant workers if they are dealing with hazardous chemicals like myself. But I haven’t been given this accommodation. Instead, I was forced into unpaid leave. But again, they were supposed to give me another position and reassign me. They offered me a position with a $10,000 pay cut. That position ought to be temporary, but they are telling me it will be permanent. However, that is not what PWFA states. My employer isn’t complying with the PWFA.

Joshua: I feel like there is a lot of deception going on. There is a Federal organization called The Equal Employment Opportunity Commission (EEOC) that is supposed to make sure employees are treated well. Also, there are offices on college campuses called EOC. But in reality, the EOC is another wing of HR. They are there to protect the employer. We don’t feel we are being treated fairly.

Jessica: So to remain paid, I have been using voluntary shared leave, so anybody who works on campus or a state employee can donate time to me, and they should all get their hours back, because it is not fair to everyone else to keep me on unpaid status while pregnant. Something needs to change so this doesn't happen in the future.

What do you think can prevent this from happening?

Jessica: PWFA was put into action in 2023. I think UNC needs to look into it better and install a proper protocol for lab workers who deal with dangerous chemicals; there needs to be an efficient and humane reassignment for any pregnant worker in this situation. They need to change their policies.

If you get reassigned, will this be enough at this point?

Jessica: I’ll take the position. I obviously need to get paid, especially while pregnant. I will not be happy though. Most of the positions they are offering now are huge pay cuts, and they say it will be permanent.

Joshua: Jessica is a woman in STEM. These departments are notoriously not inclusive of women, and they continue to make it that way. They make it clear it’s for people who don’t get pregnant - that's how you are useful to them.

Is this a case that you can take to the Supreme Court and try to change the work environment for pregnant workers?

Joshua: Technically yes. But who is willing to pay for it to get there? At this point, Jessie chose mediation. She needs her job back with benefits.

Jessica: I could refuse all that though and go head with the lawsuit. We have a good lawyer.

Joshua: Jessie’s unpaid leave ends on March 13th and UNC pushes for mediation in April. So we think they just want to fire her once she is not on protective leave.

If you or someone you know is encountering an employer who fails to adhere to the provisions of the Pregnant Worker Fairness Act, we invite you to share your experience in the comments section below.