Pregnancy Related Leave of Absence
marc
3,126 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 10-16-03 AT 06:36PM (CST)[/font][p]I have done a bit of research but want to get some opinions before making a call on this one.
The ee has been with the company about 4 months and is now pregnant. This will be her third child. During the pregnancy with the two previous children she experienced severe morning sickness and had extended periods of time when she was unable to work. In both those cases, her Doctor restricted her from working during this period of time. The severe morning sickness lasted about 4 months for each of these children. She is beginning to experience the symptoms again and the Doctor will write the same kind of note for the condition this time around. She has asked about our Leave of Absence Without Pay Policy and whether or not she is eligible. Our policy requires E.D. approval after the ee describes the reasons for the request and the time frame needed. We would respond with specific conditions such as paying for insurances during the absence.
Which brings up STD. We have a group policy that ees can opt into through a payroll deduction plan. They get roughly 60% of their normal pay starting 2 weeks into their 'disability.' So the first question is, does being on disability extend their "employment relationship" with us? I don't think so, but want some input.
We have only had a couple of other leave of absence requests that I know of. One was a post birth request - the ee had used up all fmla because of a difficult pregnancy and wanted an additional 4 weeks to be with the newborn - it was granted. The other leave granted was for a former E.D. who checked into a recovery center for a period of 30 days.
Four months is a long time for our little company to keep a job open. The training process for this job takes about 6 months, so the ee that will make the request is not even fully trained. She has performed ok, not a superstar, but no major issues either.
It seems to me that we must grant the leave for at least 30 days. We are reluctant to go longer for various reasons, although it would be possible if we went through a lot of additional training etc with a temp agency.
So here is the 2nd question: Are we on solid ground to terminate after 30 days in this case?
The ee has been with the company about 4 months and is now pregnant. This will be her third child. During the pregnancy with the two previous children she experienced severe morning sickness and had extended periods of time when she was unable to work. In both those cases, her Doctor restricted her from working during this period of time. The severe morning sickness lasted about 4 months for each of these children. She is beginning to experience the symptoms again and the Doctor will write the same kind of note for the condition this time around. She has asked about our Leave of Absence Without Pay Policy and whether or not she is eligible. Our policy requires E.D. approval after the ee describes the reasons for the request and the time frame needed. We would respond with specific conditions such as paying for insurances during the absence.
Which brings up STD. We have a group policy that ees can opt into through a payroll deduction plan. They get roughly 60% of their normal pay starting 2 weeks into their 'disability.' So the first question is, does being on disability extend their "employment relationship" with us? I don't think so, but want some input.
We have only had a couple of other leave of absence requests that I know of. One was a post birth request - the ee had used up all fmla because of a difficult pregnancy and wanted an additional 4 weeks to be with the newborn - it was granted. The other leave granted was for a former E.D. who checked into a recovery center for a period of 30 days.
Four months is a long time for our little company to keep a job open. The training process for this job takes about 6 months, so the ee that will make the request is not even fully trained. She has performed ok, not a superstar, but no major issues either.
It seems to me that we must grant the leave for at least 30 days. We are reluctant to go longer for various reasons, although it would be possible if we went through a lot of additional training etc with a temp agency.
So here is the 2nd question: Are we on solid ground to terminate after 30 days in this case?
Comments
>seem to have regarding people and their birth processes? You have
>waaaaaay too much information. What is "ED" approval? Back up a bit
>and handle/treat this as you would any other illness. Quit obsessing
>about the birth canal.
LOL! Don Don, the fine gentleman from MS has done it again. He managed to make me spew coffee as I read his latest response.
I agree, way too much info here. Take all of the redundant irrelevancies out and you have an EE who does not qualify for FMLA and your internal LOA policy is open to managerial discretion (I'm assuming "ED" is GM/Director level approval?!).
Based on what you stated, including the train-up period and apparent urgency for her position I would not gamble on this one. Term at the earliest opportunity and focus on getting her replacement in the door and on the training agenda.
As to how this information comes to me, the ee goes to her supervisor with her story and in an attempt to problem solve how this ee can get her work done, this whole story comes out. Our work force is greater than 90% women working with children and families in our community. Despite training and information disemination, they talk about this kind of thing quite freely. What some might consider obsessing is part of the everyday tapestry around here.
That being said, I am trying to treat this like any other leave of absence request and want to be certain I don't hit any trip wires associated with the PDA.
Marc, what does the Pregy Act require? I am not familiar with NV laws. I doubt it would require you to retain a 4 month employee who you expect to be out 4 months at the onset and more time later.
Being with a non-profit also, I understand how you wind up with the information. In is inherent in the nature of most non-profits (and the smaller the more so) to be a family-type atmosphere and to know more details! And to the rest of you, yes, I definitely understand the consequences in that. You do the best you can and deal with the rest! x:-)
With that in mind, I think I would still move to terminate and tell her she is welcome to reapply for open positions when she is able to meet the work/attendance requirements.
An example - Two years ago I was in the process of designating someone's leave as FMLA and one of our director level staff was very upset and didn't want the leave desgnated as FMLA. All she could see was that meant we would terminate the employee if she was out more than 12 weeks - and she thought that was terrible. I had a hard time explaining to her that it is the law and provides the employee protection - we always have the perogitive to allow more time. The employee going on leave was the ED's (Executive Director - highest position in a non-profit) assistant and is the longest term employee here, in her 15th year.