Pregnant employee and doctor restrictions

DH

In the state of Kansas, a school district employes a female as a janitor. She is 6 months pregnant. She is assigned a job one day requiring her to climb a ladder. She performs the job. Concerned about climbing and her pregnancy she asks her doctor if this is something he recommends she do and are there any more restrictions she should have. He established restrictions on lifting (nothing over 20 pounds) and said there should be no ladder climbing. She returned to work with restrictions in hand and submitted them to her supervisor. The next day her supervisor sent her home claiming that there was nothing that she could do that day and recommended that she take an extended leave. He provided her with the paperwork. Taking extended leave would mean a cessation of her benefits and she was told that she would have to COBRA her medical insurance. I understand that the ADA doesn't considre pregnancy to be a disability, but under the Civil Rights Act and Title VII's Pregnancy Discrimination Act is there any protection for this employee?

mrbill

Just as presented, it sounds as though the employer is bring rather harsh towards this employee. The core quesion seems to be - Can the employer make a reasonable accomodation for this lady ? Can she still perform the essential functions of her job ?

Rockie

Does this employee qualify for FMLA? If so, she has certain rights and the employer has certain obligations towards her concerning her benefits and time off.

From my observations, the biggest mistake employers make is looking at pregnancy differently from any other temporary disabiity. If you look at it this way and take the pregnancy issue away, it's easier to administer. If a janitor broke his/her leg, what type of accomodation could be made temporarily to perform the functions that this person might not be able to perform on a temporary basis?

Pork

DH: You need to concern yourself and your company with the FMLA first and foremost. If she does not qualify for the FMLA then it appears to me you need to turn to your company MEDICAL DISQUALIFICATION PROCEDURES. In our company, a medical disqualification assigned by a physician creates a situation that we would have no choice but to cancelled our employer/employee relationship with favorable consideration for re-employment after the physician has deemed the x-employee as: medically/physically able to accomplishing all critical job task of the position. ADA is for permanent medical disabilities that limit essential aspects of life. An expecting female should not be treated any differently than a "broken leg male"; both are medically disqualified based on our ATTENDANCE POLICY and both would be seperated from service to our company.

Hope this finds you researching your attendance policy! PORK

WOCO Frank

If she's been with you a year, she's quite probably an FLMA case.

Also, if I recall, Kansas has special provisions governing pregnancy. Methinks her supervisor is very close to getting your employer into deep doodoo. I can't imagine any school district that has nothing for its janitors to do that doesn't involve a ladder.

lorrie

I agree with the previous responses about FMLA! Check first to see if she qualifies, then get her the forms to have her doctor complete. The school district will have to keep her health insurance active if she is on FMLA leave, although she will have to the pay the district the share that is normally withheld from her paycheck.

It is important to treat pregnancy the same as any other temporary illness.

WOCO Frank

I agree that in theory, we must treat pregnancy like any other temporary illness. That having been said, one of the things that will make or break your employees' perception of an employer's humanity is the way you treat pregnant employees.

Shawn

The real question......Is lifting more than 20 pounds and climbing ladders an "essential function" of her job. If so, then you can tell her you have no work for her, as she is unable to medically perform the essential functions of the job. If those are peripheral duties, then you are required to come up with a reasonable aconmodation under the ADA. It is that simple.