Restrictions due to pregnancy

Shan

The employee has received a 20lbs lift restriction. The manager says we should put her on FMLA and not accommodate her restrictions. The reason for this is that he doesn't want to accommodate is because he offers no other light duty work for non-work related injuries/illness which result in restrictions.

Advise from another HR Rep states that due to the fact we provide light duty work for work comp restrictions we have to provide those same light duty jobs to this person. I am unable to find any case law that supports the application of this standard.

MN State law: ...not to treat women affected by pregnancy, childbirth, or disabilities related to pregnancy or childbirth the same as other persons who are not so affected, but who are similar in their ability or inability to work.

I'm compelled to offer light duty work because we can make the accommodation regardless of the w/c standard; the manager wants "proof" of the w/c standard prior to keeping the employee on the job.

Has anyone ever heard of the w/c return to work standard as the measurement of returning pregnant employees to a light duty job?

Margaret Morford

[font size="1" color="#FF0000"]LAST EDITED ON 01-11-02 AT 00:24AM (CST)[/font][p]Here's the arguement your HR Rep is making. If you can provide light duty for a W/C injury that has a 20 pound lifting restriction, it's available. If you don't let this lady have light duty, you are discriminating against her because she's pregnant - not letting her have what is available to other non-pregnant employees. However, if you do not give, and have never given, light duty to any other employee that had a non W/C restriction, you are probably all right. However, if there is one employee (maybe the CEO or some other key management or skilled individual)who had any personal injury restriction that you accomodated, you're sunk.

That's the federal piece. I think you need to get some advice from a Minnesota employment lawyer on the state piece.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]