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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.

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Full article from WFTV-TV

Click here to watch interview with Firefighter Geri Miller

In Brevard County, Florida the city of Rockledge is wrestling with an issue that fire departments across the country have dealt with. If your policy is to allow firefighters injured off-duty to be given non-firefighting assignments until they are fit for duty, should you do the same for those who become pregnant?

Firefighter Geri Miller has gone public with that question in a TV interview after the city’s lone female firefighter, four months pregnant, says the fire chief forced her to go on maternity leave. We are only getting one side of this story because neither the chief or city officials will comment, telling WFTV-TV they don’t want to see personnel grievances on “trial in the media”.

Here’s more:

“I’m not looking for preferable treatment,” said Miller. “I’m not looking for that. I’m looking to be treated fairly.”

The city fire department’s union agreement gives “up to 180 days of unpaid leave” for maternity, but said nothing about what kind of work pregnant firefighters should get until they take maternity leave.

Miller said male firefighters were given light duty after being injured off-duty.

“If you can give light duty to someone else, why can’t you give light duty to me?” asked Miller.

It isn’t like fire departments with more than one woman on the job necessarily have the right answer to the pregnancy issue either. In the Nation’s Capital, the DC Fire & EMS Department found itself publicly dealing with its pregnancy policy on at least three different occasions in a little more than a decade. The most recent when Chief Kenneth Ellerbe’s administration in 2011 sparked controversy over a similar issue about light duty. Female firefighters made the case that DC police officers could get desk duty when pregnant, but firefighters were told to go home after 30 days of light duty. Chief Ellerbe was forced to change his policy after it made the news.

A previous DC fire chief had an absolutely mind boggling policy of ordering female applicants to take pregnancy tests and dealt with claims that a supervisor was telling rookie EMS employees to have an abortion or lose you job. As you can imagine, Chief Ronnie Few’s policy quickly went down in flames after I reported that story. There was also an earlier case of a female paramedic who wanted to stay on full duty and keep riding much longer than the fire chief wanted her to.

My point in bringing this up is that despite decades of women riding fire trucks this is still an issue for a number of fire departments. If your department is struggling with a policy, there are plenty departments that have come up the right answer that you can learn from. Not having a clear and fair policy will likely bring your department a fair amount of bad publicity.

And if your policy is clear and fair, get out there and make sure the public understands it. If you can’t or won’t defend a pregnancy policy or any other issue publicly when questions arise, maybe it’s time to change that policy and move on.

As expected DC Chief Kenneth Ellerbe makes adjustment to light duty policy impacting pregnant firefighters. Union says it’s not enough.

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Previous coverage of this story here & here

As we first told you Tuesday evening, DC Fire & EMS Department Chief Kenneth Ellerbe has made changes to the light duty policy that will impact pregnant firefighters and employees who become injured or ill while off duty. After IAFF Local 36 complained that 30 days of light duty was not enough for pregnant firefighters, Chief Ellerbe tripled the time frame to 90 days. The union says that isn't enough and still wants the same policy offered to DC police officers, which allows pregnant cops to remain on light duty through their pregnancy.

From WUSA9.com:

In an ongoing dispute between the DC Fire Department and the union representing firefighters, the DC Fire Fighters Association is applauding Chief Kenneth Ellerbe's decision to increase the number of light duty days to which a member can be assigned.

The chief has increased the number of light duty days from 30 to 90. But the firefighters union says the change in policy is still not sufficient for pregnant firefighters to tend to the needs of their unborn children.

Pregnant firefighters had to use their own sick leave after the 30 days ran out. Once their sick leave ran out, they would be without pay until they were able to return to full duty.

DC firefighter Melissa Davis said, "I'm concerned that it's not quite enough."

Davis is still eight weeks away from her due date, but she's already been off the job for more than two months after her light duty assignment expired just 30 days in.

About Thursday's change, Davis shared, "Three months is great. It's better than 30 days. But for an average healthy pregnancy, a woman would need five months that she would be eligible to work a desk job and then two months before she returned to full duty."

The president of the DC Fire Fighters Association agrees with Davis saying that "the change in policy will still force our pregnant female members to exhaust their sick leave and forgo a paycheck in the interest of their unborn children."

But Fire Chief Ellerbe says the department needs to be fair to all firefighters, especially since there's a limited number of light duty jobs.

"Any member who desires to be on limited duty beyond 90 days will have to submit a request and the request will be either granted or not granted based on a case by case basis," stated Ellerbe.

This new policy applies to all firefighters whether they're pregnant, sick or injured. Davis and her union, however, want the department to make a distinction.

"There's definitely a huge difference between a injury and an illness as opposed to a pregnancy," said Davis.

Chief Ellerbe says if the department does that he's worried it will be opening the door to discrimination lawsuits. But keep in mind, the Metropolitan Police Department already lets its employees do limited duty work throughout their entire pregnancy, which is the kind of policy that the firefighters union says it wants.

Change in DC pregnancy policy to be announced. Chief Kenneth Ellerbe to hold press conference. Newspaper reports possibility of expand number of days on limited duty.

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Previous coverage of this story

Ten-days-ago one of the big local news stories in the Nation's Capital was the pregnancy light duty/leave policy for the DC Fire & EMS Department. Here is how WUSA9.com described it:

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.

Andrea Noble of The Washington Times is reporting that Chief Kenneth Ellerbe told her on Wednesday that "he is mulling a change in policy that would offer 90 days rather than 30 days of limited-duty assignments to all sick, injured or pregnant firefighters and paramedics."

At the same time the chief is mulling that over a department press release was issued saying the chief would announce changes:

At 11:00 a.m., on Thursday, June 30, the District of Columbia’s Chief of Fire and Emergency Medical Services (F&EMS), Kenneth B. Ellerbe, will outline key changes to the department’s limited leave policy for representatives of the local media at a press briefing that will be held at the Fire and EMS headquarters building, located at 1923 Vermont Ave., NW.

Chief Ellerbe will be available to discuss the current policy and what the changes will mean for all members of his Fire and EMS team.  The briefing will be held in the F&EMS Headquarters second floor conference room.   

DC Council member Phil Mendelson gave the department until July 12 to change the policy or he would try to do it for them through legislation. Mendelson believes the policy already in place with the Metropolitan Police Department is a good one:

The Metropolitan Police Department’s pregnancy policy allows women to stay on limited-duty assignments throughout their pregnancies, said Mr. Mendelson, at-large Democrat.

In an interview, Chief Ellerbe said he worried he would open the department up for discrimination lawsuits by creating separate distinctions for employees on limited-duty assignments. Instead, he said the department was more closely exploring the option of offering the 90-day limited-duty assignments. Even that change would not be without ramifications, he said.

“My concern is that overtime would increase,” he said of a change from the current policy of 30 days to a policy of 90 days.

DC Fire & EMS Department again has a pregnancy problem. For the third time in a decade policies are being challenged.

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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.