If I learned anything in the news business it's that history really does repeat itself. Especially with the DC Fire & EMS Department where things seem to happen in threes.
In three different decades, starting in the 70s, the department tried rotating closures to save money. Each time the policy ended when there was outrage about fire deaths near closed companies. Three times, also beginning in the 70s, firefighters prevailed in similar First Amendment lawsuits against the city. And now, for the third time in a decade, the department's policies on pregnant workers is being tested.
We will let the reporter who was given the assignment today at WUSA-TV, Kristin Fisher, deal with that one in the video above and the copy below. Rather than judge the merits of the current issue, which I know little about, let me provide some historical perspective about the other two cases, which I covered when they occurred.
A week before the attacks of September 11th I reported on a pregnancy policy for civilian EMS workers that was nothing short of outrageous. While I can't find the Channel 9 story on the web, I found this summary from Andrew DeMillo in the September 5, 2001 issue of The Washington Post:
D.C. officials say they are reviewing a policy that requires all female applicants who want to be emergency medical workers or firefighters to take pregnancy tests. The review comes as city investigators are trying to determine whether a 21-year-old rookie with the District fire department's Emergency Medical Services was told to have an abortion or lose her job.
Margret Nedelkoff Kellems, deputy mayor for public safety, said the city will review its policy after a WUSA-TV (Channel 9) report yesterday that Fire Chief Ronnie Few has been sending letters telling female applicants that they must have pregnancy tests — and that any job offers will be "held in abeyance" if the test is positive.
Two months later, Chief Few answered questions about that policy and other topics in an online discussion with columnist Bob Levey (here).
As you might imagine this policy soon became the subject of a lawsuit. That suit was settled in favor of three female EMS workers. You can read the details of the settlement here.
I don't have the date on the other case, but it was around the same time period. As I recall, Keisha Olsen was a civilian paramedic assigned to ride Engine 28 in the early version of DC's paramedic engine companies. Despite being pregnant, Olsen had hoped to continue riding and doing the job she loved for as long as possible. The department had other ideas and placed her on light duty.
AFGE Local 3721 went to work, claiming Olsen was being discriminated against because of her pregnancy and argued that there was no indication Olsen was incapable of doing her job. This one was settled rather quickly and Paramedic Olsen went back to work until shortly before her child was born.
So that brings us back to round 3 and today's story. This time it is about three female firefighters and the battle is being waged by IAFF Local 36.
From WUSA9.com's Kristin Fisher:
It's hard enough to hold down a normal job while you're pregnant. But imagine being a pregnant firefighter running into burning buildings, hauling heavy equipment. Three pregnant D.C. firefighters are now joining forces in hopes of changing what they call an "unfair pregnancy policy."
Female firefighters in the District used to be able to switch to a desk job during their pregnancy. But under a new policy, they're forced to use their own sick leave. It means some female D.C. firefighters have no money coming in months before their due date. They also don't have any maternity leave after they give birth.
"I feel the department is basically telling the women on the job not to get pregnant," said pregnant D.C. firefighter, Sholanda Smith.
"It's almost like you're being punished for starting a family, said another pregnant D.C. firefighter Melissa Davis. "There's a lot of heavy lifting. I have to lift and drag quite a load."
For that reason, Davis' doctor advised she go on a "limited duty" assignment at four months pregnant.
"I was given thirty days of a desk job," said Davis.
Three weeks in, she got a letter from D.C. Fire and EMS which said: "Although you have not recovered from your illness/injury, no employee will be permitted to remain in a limited duty assignment for more than thirty days."
"My initial reaction when they said that my desk job was ending was, they can't do that. That couldn't be legal," said Davis.
Davis needed about six months of sick leave if she wanted to get paid.
"I didn't have enough leave, so I went on leave without pay," said Davis. "It's been very stressful. I didn't know what to do. I didn't know who to call. I'd never heard of this happening before."
It's also happening to two other pregnant D.C. Firefighters, including Smith.
"I don't know how I'm supposed to survive as far as maintaining the household and also preparing for a new baby," said Smith.
Smith, Davis, and the D.C. Firefighters Association are now taking the fight to the D.C. City Council.
"I believe it's not fair and the rest of our membership believes it's not fair," said Ed Smith, President of the Local No. 36 D.C. Fire Fighters Association.
In a letter to the D.C. Council, Acting Fire Chief Kenneth Jackson says the department changed their limited duty policy in January 2010 "to address excessive overtime expenditures and to reduce costs associated with backfilling positions of temporarily disabled employees."
In a statement released Monday, Jackson said: "Our pregnancy policy is in line with federal law and district guidelines."
But D.C. Councilman Phil Mendelson says the fire department is "wrong on the law." For instance, both D.C. Police and Montgomery County Fire allow limited duty work for pregnant employees throughout their pregnancy.
Councilman Mendelson and Councilwoman Cheh are currently in talks with DC Fire and EMS to amend their policy. If that fails, Councilman Mendelson has said he would move on legislation next month.
Also on STATter911 …
- Rockledge, FL’s only woman firefighter says she’s been forced to take maternity leave. Geri Miller wants light duty like those injured off the job. – June 15, 2012
- Facebook problems in the Nation’s Capital. Five DC firefighters taken off the street for comments about police. – May 14, 2013
- Police say OH fire investigator involved in on-duty road rage incident with gun. Columbus Fire gun policies again under scrutiny. – January 11, 2013
- Kanawha County, West Virginia firefighter dies after fall from bridge. Davis Creek volunteer investigating railroad tie fire. – December 4, 2011
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It seems that Mayor Vincent Gray has once again hired a local, connected, good old boy, rather than a qualified candidate. The citizens get the government they elect. Perhaps if Chief Ellerbe spent less time on acronyms and symbols, and more on personnel, equipment, and vehicles, the Nation’s Capitol would be protected by a functional fire department, rather than the train wreck that is FEMS.
I am not against females being in the department at all before I start, I work for a career department that will remain nameless. I understand where these woman are comming from, but someone like me who is a male and just recently had surgery, have to use my own sick time even though we are given FMLA. I feel that is is unfair that woman are allowed to work light duty even if there is no job related injury or illness.
This department never, ever learns from its mistakes … most members can recall that several members correctly lost thier cushy administrative jobs for discriminating against pregnant employees … wonder who the fall guy will be this time. Kudos to the Local and, dare I say, City Council, for standing up for the rights of pregnant members. In closing … shut down the laughable Clinic and all those in it's administration who are members of the FD that make and/or enforce these outdated, arbitrary, and in all likelihood illegal policies.
The law provides for 12 weeks family medical leave, it does not guarentee a full pay check for injury, illness, pregnancy. One thing we did in our department, the employees purchased a short tem disability plan 3-6 months, so if you use up or chose not to receive your sick/vacation time while on FMLA or on unpayed leave, you still have funds coming in. Since the employees pay the premium, the 60% benefit under the short term leave is not taxable. Pregnancy is an approved benefit under the short term disability. You have to take care of yourselves, can't leave it up to the City or Council.
The law is very clear in that it does not guarntee paid time off for FMLA. It is actually higher than 12 weeks but it does not say that you have to be given a desk job. This complaint is total bull@@it. If I elect to have penis reduction surgery, do I get paid time off. Yes I do. Under FMLA I am guarnteed time off, but it does not have to be paid time off.
Readytogo says hit the nail the head, there is in fact a short term disability plan available to most DC Fire and EMS employees (Not AFLACT) ( a true Short term/ long term plan). Most employees are not aware of this and do not participate (look for it during open enrollment and yes you must pay for it). That said, the issue is in forcing the employee to use his/her leave when they can perform said duties to standard, if he/she wishes to remain in a full duty status as long as possible. Maybe the city and union can try and better prepare the employees with basic financial preparation seminars/ peer suggestions in for such circumstances. Overall, pretty, well you know, stance the department has taken. Be safe.
Ever notice that it seems that the Chief's in the DCFD (FEMS?) seem to be akin to the same "Bald Tires on a Fire Engine that just keeps getting rotated" around the Engine?
Maternity Policy.
Start at the IAWFES (iWomen.org) for a some information on how to develop a policy.
What's the problem with instituting the policy that DCFD has instituted? It treats all people fairly on its face – 30 days of desk duty for an injury/illness.
One thing that people seem to be overlooking here is that it was each woman's CHOICE to get pregnant in the first place. It only seems fair that people should be willing to accept the consequences of their own personal choices. Otherwise in this case what' to stop a woman from getting pregnant again, and again, and again just to remain on desk duty?
They had every opportunity to review and know the policy before deciding to get pregnant. They had every opportunity to accrue enough sick leave before getting pregnant. If they didn't know the policy or didn't accumulate enough leave, that's their own fault. Sorry, Dave – I have a tough time feeling sorry for people who get into jams as a result of their own decisions and then cry a river of tears about it. They made their bed, now they should sleep in it.
I, being a DCFD employee,(oops, i mean FEMS), agree with what Chief Ellerbe is trying to do with all the light-duty / limited-duty "TERDS" milking the system with their "cush" daywork spots as opposed to being in their assigned positions. However, i do believe that the "Pregnancy Policy" that is currently in the media is totally unfair. The amount of time an employee has off should be dictated by his/her POD injury before they are forced to use their own SL. Pregnancy is not an injury, its a condition, and it IS short-term. A female firefighter should not have her benefits picked apart to benefit the department. The choice of being on LD should be hers and her OBGYN and NOT the PFC. Unless, of course, she is unable to perform her assigned duties.
Im fine with women in the fire service as long as its fair. I agree with the above that if I get hurt hunting I have to go on FMLA and use my own leave and such….women want equality well if they get pregnant then they should have to do the same. plain and simple.
INstead of doing this they should get there union together to get the city to start a leave bank for employees who run out of leave or have long term injuries or inllnesses. Additionally why not reach out for trade time, I know in my department if there is a similar situation then the time usually is not expected to be paid back.
Women want equality and want to be treated the same as men, well becareful what you wish for.
Look……….
This was all done to try to cut back on overtime and once again its back fired but as i see it, The FEMS Administrator has been gone for almost a month.
How much overtime is being forked out for his trip? O.T to back fill the spot and Travel expenses
EXCELLENT POINT Mr. Anonymous!!! Maybe he should just plan on getting caught smokin crack in a hotel room with a prostitute so he could be elected mayor! Just a thought
Another act of Discrimination by the Head Cheese. This one is even more clearer than his master plan to eliminate the white man in the fire department by going to 3-3-3 schedule and only hiring cadet classes. Keep up the great work cheif you are a straight turd!