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Pregnant teachers fight to change WorkSafeBC compensation rules

Agency does not recognize risk to unborn babies when mother catches illness from work
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Sasha Giraud is one of two teachers who appeared before a panel as part of a Workers害羞草研究所 Compensation system review. She gave birth on Aug. 4, 2019 to a healthy baby girl, but only after going on leave due to anxiety over possible exposure to fifth害羞草研究所檚 disease. (Photo submitted)

Imagine being pregnant and excitedly looking forward to the birth of your child.

Everything is going along smoothly until the day you find out you have been exposed to an illness that could cause you to miscarry or that may harm your baby.

In fact, you have probably been exposed numerous times because you are a teacher at a school where fifth disease is spreading around the student population.

Fifth disease is a fairly common childhood illness sometimes called slapped cheek disease because of the red rash it causes on the face. The rash can spread to other parts of the body. Other symptoms include fever, runny nose, headache and swollen joints. Adults can also get it.

Your doctor tells you to stay home from work and you want to do everything you can to keep your unborn child safe.

Your employer and WorkSafeBC tell you that the only financial coverage available is your sick days. But you don害羞草研究所檛 have enough, so you take the time off unpaid while the illness works its way through the school.

On top of worrying about the health of your child, you now are also worrying about the financial ramifications.

This is exactly what happened to two West Kootenay teachers earlier this year.

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They are sharing their stories in the hopes that no other women have to endure the anxiety and choices they have had to make.

Katie Power and Sasha Giraud recently spoke to a panel as part of a review of among other things, WorkSafeBC害羞草研究所檚 culture to reflect a worker-centric model and policies through a gender- and diversity-based lens.

害羞草研究所淲e are here today on behalf of all workers in B.C. and women in precarious environments who have to choose between attending work and possibly having a miscarriage or not working and losing their housing,害羞草研究所 said Kootenay Columbia Teachers害羞草研究所 Union health and safety chair Fred Nock at the panel.

Giraud and Power applied for WorkSafe compensation, but had no real hope of coverage.

The Workers害羞草研究所 Compensation Board does not see an unborn baby as a person, and legislative protections only extend as far as the workers themselves. For this same reason, refusing unsafe work is not an option either.

害羞草研究所淚 was told by our BC Teachers害羞草研究所 Federation WCB liaison that I had no ability to appeal the denial of coverage because the policy was clear that I could not miss work simply due to risks to my unborn child,害羞草研究所 said Giraud in a written statement to the review panel.

Sasha害羞草研究所檚 story

When Giraud heard that fifth disease was running through Fruitvale Elementary, where she is a primary teacher, she went to her family doctor right away.

Her blood tests showed she was not immune, and her doctor recommended staying away from work for a month after the last child at the school showed symptoms of the disease. Fifth disease has an incubation period of four to 14 days, but can extend to as long as 21 days.

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Giraud, from Castlegar, was eventually able to return to work. But fear of the disease returning and of more financial hardship because of the lack of WorkSafeBC coverage kept her anxiety high.

害羞草研究所淲henever a child was sick or not feeling well, I would become anxious and stressed because I knew I was running out of sick days,害羞草研究所 she said.

The disease did come back to the school. Three new cases were confirmed.

害羞草研究所淚t was very emotional for me,害羞草研究所 said Giraud.

The new diagnoses and pending financial instability turned out to be all her emotions could handle. She was diagnosed with anxiety and at the time of her presentation to the panel, had not been able to return to work.

害羞草研究所淗ad I been able to receive coverage from WCB while away from my workplace, during the outbreaks of fifth disease, I feel that I would have been better able to manage my anxiety,害羞草研究所 she said.

害羞草研究所淚 wanted to be with my class of students and was devastated when I found out that fifth disease had come back to our school, but I was, and still am, incapable of putting my unborn child at risk.害羞草研究所

Several weeks have passed since the panel. Giraud gave birth to a healthy baby girl on Aug. 4.

Katie害羞草研究所檚 crisis

Katie Power was 13 weeks pregnant when fifth disease surfaced at Kinnaird Elementary in Castlegar where she was teaching on contract. Blood tests confirmed she was not immune to the illness.

The news was particularly devastating to Power as she had gone through a complicated miscarriage a few months before.

There is no compensation plan in place for miscarriages or pending miscarriages either.

Eleven weeks into her first pregnancy, Power was told she had lost the baby. However, the actual physical completion of that loss would take nine weeks to conclude. The mental recovery would take far longer.

害羞草研究所淒evastated does not begin to describe how we felt,害羞草研究所 said Power. 害羞草研究所淥ver that next week, I experienced an overwhelming amount of emotional and physical pain. I was unable to focus on anything. 害羞草研究所 Not only was the physical pain tremendous, the mental anguish prevented me from getting through even a few hours without breaking down.害羞草研究所

Power used up most of her sick days, but the ordeal was not over and she returned to work anyway.

One day while at work, her symptoms grew worse.

害羞草研究所淢y cramping and bleeding became so intense that I had to call our student support teacher in to cover my class. I went to the bathroom and completed the miscarriage while at work,害羞草研究所 Power told the review panel. 害羞草研究所淟et me tell you, this is the last place you would ever want that to happen.害羞草研究所

Once Power physically recovered from the miscarriage, she was able to get pregnant again fairly quickly and is expecting to give birth in September.

So, she was already experiencing anxiety fifth disease was reported in the school district.

害羞草研究所淭he overwhelming thought of going through both the physical and emotional pain again was too much for me to handle,害羞草研究所 she said.

At this point, Power had used up 10 of her 15 sick days for the first miscarriage, and one more for an illness.

She spent the next month off work, mostly without pay.

害羞草研究所淢aking a mother choose between her work and her child will always result in the mother choosing the child, and I believe that should have been accounted for in this case,害羞草研究所 she said.

Power害羞草研究所檚 claim denial from WorkSafeBC stated that 害羞草研究所渨age loss benefits are normally paid where an accepted work-related personal injury or occupational disease temporarily impairs or limits a worker害羞草研究所檚 functioning and ability to do work.害羞草研究所

She contends that exposure to fifth disease meets that criteria 害羞草研究所 that it is an occupational disease because of exposure is significantly higher in environments where large numbers of children are present.

害羞草研究所淣ot only did the thought of another miscarriage limit my ability to work due to the anxiety it caused, but I would challenge any member of the board who passed this decision to experience a miscarriage and tell me that they did not find it to 害羞草研究所榠mpair or limit their functioning and ability to do work.害羞草研究所櫤π卟菅芯克鶟

Teachers害羞草研究所 union takes up the cause

KCTU president Andy Davidoff shared some of his own frustrations with WorkSafeBC害羞草研究所檚 policies and the way the teachers were led along with their claims.

害羞草研究所淭he claims manager was frankly very supportive,害羞草研究所 Davidoff told the panel. 害羞草研究所淏ut, that was misleading 害羞草研究所 they knew the claims would be denied. It is automatic. [Fifth disease] is not recognized.害羞草研究所

WorkSafeBC regulations are supposed to protect all people, he added, but 害羞草研究所渢he fetus is not considered a person.害羞草研究所

Health and safety chair Fred Nock explained further: 害羞草研究所淏oth workers害羞草研究所 claims were denied and when we investigated their likelihood of success of appealing WorkSafeBC害羞草研究所檚 decisions, we were informed by WorkSafe and other expert advisors that there was no likelihood of success 害羞草研究所 that WorkSafeBC did not recognize the potential risk to an unborn child.害羞草研究所

The situation even revealed to the union that their own policies for fifth disease coverage from their salary indemnity plan were lacking.

害羞草研究所淭his is a huge issue that affects women,害羞草研究所 said Nock. 害羞草研究所淲e are looking at an industrial system that was designed for men and in a lot of cases, some of these decisions don害羞草研究所檛 contemplate the issues women face and the issues pregnant women face. The result is some very calloused, thoughtless decisions.害羞草研究所

When asked for comment, WorkSafeBC told Black Press Media that the Workers Compensation Act gives them authority to provide compensation and support for workers who have a work-related injury or suffer from an occupational disease that was caused by the nature of their employment.

害羞草研究所淲hile we sympathize with the situation of the teachers 害羞草研究所 compensation is not provided for workers who do not have an injury or disease, but withdraw from work for preventative reasons,害羞草研究所 said spokesperson Ralph Eastman in an email.

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The agency conducted a small internal review in 2002, but its regulations have not undergone a major review since the 1980s.

For the sake of pregnant women who work with children across the province, Power, Giraud and the teachers害羞草研究所 union hope that when the report comes out in September, coverage for pregnancy-related risks is included in the recommendations.



betsy.kline@castlegarnews.com

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Betsy Kline

About the Author: Betsy Kline

After spending several years as a freelance writer for the Castlegar News, Betsy joined the editorial staff as a reporter in March of 2015. In 2020, she moved into the editor's position.
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