Prenatal leave - no documents

KP68

Employee tells us her doctor put her on bedrest for prenatal reasons for approx. two weeks. We sent out the usual STD documents for her and her doctor to complete. It is now three days short of a month since she went out and has not returned any forms, and we have left her several messages but she has not called us at all since she went out.
Normally we would send a follow-up letter that since the EE failed to return the documents regarding the absences, it would result in voluntary termination. This was also stated in the intial letter explaining the disability process, with the date the forms were due.

I need to know what we can do. Is she subject to the same disciplinary action/termination as any other employee? I know I may sound over-cautious because she's pregnant, but better safe than sorry.

Pork

It is time to review your attendance policy and FMLA. Start over with new correspondence and deadlines/sunsets on when actions will take place. All letters going out will be by U.S. Postage receipt required process. When the dates for action occur, inaccordance with your policy and these new letters, it is time to "hammer down and terminate the employee/employer relationship".

How do you justify the actions given/taken on behalf of this employee verses past actions with other employees and future employees. Seek legal review with each step and move out!

The employee who is in need has a responsibility to provide real information and physician verification of his/her participation with the employee and, most likely, medical coverage and premium payments and most importantly a right under FMLA on which you can't act. If necessary, go visit the employee. Seek out the physician and discuss your concerns for the employee. Some will not help but they can relay that the employee must contact the company or loose medical coverage. Some have been willing to fill out company forms and send them back to the company just to make sure they are not involved in a bad debt situation.

It sounds to me like you may not have an expecting mother/employee as you have been led to believe. Good Luck Pork

Down_the_Middle

I think the short anwer is YES, that she is subject to the same disciplinary/termination action as other employees; but there are some caveats....... Is she eligible for FMLA, does she have a current w/comp claim and will her current pre-delivery situation treat her any differently than other similarly situated employees??? All of these s/b examined to determine that you're proposed action does not remove any of her other statuatory rights. But if you conclude this is simply "ignore the employer and maybe they'll just go away", then I would proceed with your intended next steps.

KP68

FMLA does not apply in this case (newer employee), no workers comp, and any other employee would be disciplined/terminated for this reason, as it is explained that this would be the result for failing to return the forms in the initial STD letter.

Thanks for your comments.

Don D

Is she subject to the same disciplinary action/termination as any other employee?

She is subject to the same disciplinary action/termination as any other employee with an illness. Neither the pregnancy discrimination act, nor FMLA, that I know of, require separate and unequal treatment with greater rights for pregnant employees. I suggest another couple of personal calls and perhaps another gentle letter. If it still results in termination, perhaps those additional attempts will support you even more. Am I all wet on this, guys?

Down_the_Middle

I concur with Don's assessment entirely. My reason for suggesting the FMLA & w/comp issues was to ensure that these would not be overlooked as the org proceeds to de-employ this lady..........umbrella approach! I'd send the employee a final notice and if she ignores your deadline date, you "invite" her to leave...............

Rockie

I would take pregnancy out of the equation. There is no "special" treatment for pregnancy and its attendant leave. It is treated the same as any other illness or disability. It is subject to the same disciplinary processes and procedures if the proper conditions are not met, i.e., return of paperwork, documentation, etc. I would simply send a letter and attach a copy of the previous correspondence, send it certified mail and notify the employee that they are in violation of the attendance policy and subject to termination if you have not heard from them by _________.

I have had issues with pregnant employees who feel they are entitled to additional "maternity" leave over and above FMLA. Again, you have to put it in perspective to them that pregnancy is treated as a temporary disability and there are no special "maternity" privileges.