Pregnancy and Hiring

SPARKY

We have an intensive, 10 - week training program for our new hires before we allow them to go to the floor to perform their job. In addition, we have an excellerated attendance performance management policy which states if you miss more than 3 days of work during this 10-week period, you will be terminated.

We just hired a woman who is 8 months pregnant.

Obviously, she will miss more than 3 days of work.

She claims her doctor will induce her to deliver over Thanksgiving weekend and the doctor will release her to return to work 3 days later.

Two questions: Should we have recommended she start a class in January (after delivery?) vs. starting her and then figuring out what to do with her until the next class begins?

Do we get a second opinion if her doctor releases her to return to work 3 days after delivery?

WOCO Frank

>Do we get a second opinion if her doctor releases her to return to
>work 3 days after delivery?


No, you report the doctor to your state certification board.

Theresa Gegen TX

You cannot presume that a pregnant woman will be unavailable for work. You can ask her about her availability, and make decisions based on her response.

Here, she has told you that she will be available for work. You have to go with what she says. You can't presume (even if what she says is not very credible).

If she misses more than the required days, then you can terminate for violating the attendance rules.

Perhaps if this situation arises in the future, you can offer the employee a later start date, and warn the employee that they will be held to the high attendance standards, but if the employeee wants to start immediately, and says that she can be available, you can not presume that she won't be because of pregnancy.

Good Luck!!