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Two Portsmouth firefighters claim they’re being discriminated against because they’re pregnant.

Carrie Robey and Jodie Howard have been city firefighters for years. Robey’s five month’s pregnant; Howard is 15 weeks along.

They say they’ve asked to be placed on light duty during this time and their request has been denied.

"I've been in 11 years and they're not looking out for me at all,” claims Robey. “Basically, they don't care if I lose my job or my baby for that matter." 

Howard said, "It's dangerous. It's dangerous for my baby and my baby comes first."

The women say they can either continue working as active firefighters or go on unpaid leave.

"I'm using my sick leave, annual leave, sick leave bank. If I'm approved for that, then use FMLA, after that, go without pay," explains Howard.

The Family Medical Leave Act is the only policy the City of Portsmouth has regarding this issue. It allowed women 12 weeks of unpaid leave and the promise to hold their job.

While Fire Chief Newell Whitehead wouldn’t talk on camera, he said in statement, "The Portsmouth Fire Department policy is in line with other departments across the area. It treats everyone involved in a non-work related incident the same, and we will not show favoritism towards one group."

Charlie Hatfield, 13News

Jodie Howard (close) and Carrie Robey want to be put on light duty during their pregnancies.

In checking that, Portsmouth’s written policy is in line with the other cities - most have no language discussing pregnancy.  However, they all stated they have an unwritten policy to let pregnant firefighters go on light duty.  Only Portsmouth doesn’t allow that, according to our research.

The women are considering filing a lawsuit against the city.

In the meantime, Portsmouth officials say they’ll continue to look into the matter.   

Virginia Beach is the only city that specifically mentions pregnancy in its limited duty policy.

VA. BEACH Policy 6.13B: TEMPORARY LIMITED DUTY POLICY 

MATERNITY-RELATED PROVISIONS FOR POLICE, FIRE, AND OTHER SAFETY-SENSITIVE POSITIONS

A. From the on-set of pregnancy, an employee in a safety sensitive position is eligible to request a limited duty assignment, or, unless medically disabled, the employee may continue in her regular work activities through the first trimester.

B. If she elects to engage in the full range of regular work activities beyond the first trimester, she must obtain and provide to her department director a written medical opinion from her physician on a monthly basis which states:

1. her physician has read the employee's job description;

2. the engagement in essential work activities, as contained in her written job description, poses no health risk to her or her fetus.

C. Irrespective of the conclusion of the employee's personal physician, as outlined above, a determination of whether the employee can safely perform the essential functions of her job with no danger to the lives and property of those affected by her work activities shall be made by the department director based on the recommendation of the City Physician, or designee.

D. In the event the physician states that the pregnancy poses a risk to the employee or the fetus, the employee shall be entitled to continue to work provided she signs a statement confirming that she has read and discussed the physician's statement, and has been counseled by her physician regarding the risks to her and her fetus of performing her regular work activities beyond the first trimester.

E. At the conclusion of any pregnancy, the employee must return to regular duty or utilize other forms of leave. An employee with a temporarily disabling condition following pregnancy can seek a limited duty assignment consistent with other provisions in the City's Temporary Limited Duty Policy.

CITY OF HAMPTON: Division of Fire and Rescue Policy

II. The Hampton Fire Department will try to provide light duty assignments for personnel not able to perform their regular duties, based on a medical evaluation of each individual, the needs of the Department and the record and work history of each employee affected. Light Duty personnel will be assigned to various divisions and activities based on need and availability.