OH BABY! HELP!

Tish

Two part question.

Parental Leave - does the 6 weeks of parental leave cover time missed prior to the delivery of the child??

Reason - We have a location in Michigan, our EE is pregnant & does not qualify for FMLA, she has a doctor's orders preventing her from working. She has been out for 4 weeks and is not expected to deliver till June 19th or so. This EE was on her last leg due to attendance issues prior to the doctor's note, which was all well documented. Our company has a policy of allowing EEs a 30 dat personal unpaid leave which she has used up.

My question is - can this manager terminate her with little or no risk?

Appreciate your help.

Shadowfax

It could, depending on your policy, but see other threads, (maternity leave discussed just today) and you may get a feel for the issues. The better practice, in my opinion, is to treat parental and maternity leave as different than pregnancy leave. Typically, pregnancy leave is a disability type leave which must be granted to pregnant women on same terms and conditions as you would offer disability leave to a cardiac/stroke etc employee. So long as you treat all disiabilities the same, no violation of the PDA. Parental, or maternity leave is typically not a disability leave, but a leave to bond or to take care of an infant. If not FMLA qualified, you need not offer this leave. Rule:Be sure you treat all disability leaves the same; follow your policies with respect to all other leaves.

Pork

TISH: Follow your policy and procedures to the letter and you will be alright.

If a broken leg will get you terminated, as a medical disqualification then pregnancy will and should, likewise, be treated the same and be termed a medical disqualification. Both should be offered to re-apply once their physician has determined they may return to full and regular duty without restrictions. The other issue of attendance has no bearing on your physician's note of medical disqualification. Upon the receipt of an application for re-employment now is the time to consider her past history of absentism/attendance issues. Based on your posting I would not re-hire this person.

PORK

Tish

thank you so much for the help. Did not realize my posting came on the heels of another maternity question. Thanks again

Pork

TISH: Thanks for posting, if you had not wanted HELP "OH BABY,HELP" WOULD NOT HAVE APPEARED. There is never a dumb post only dumb situations where a fellow HR of whatever rank or status truly is in need of help, regardless of the circumstance, and is concerned about posting.

You may get some wise cracks, but for the most part, if we can read into your post a flavor of where you are coming from we will jump to the rescue or support for your concern. Needing to vent is one of those forum postings that demonstrates a willingness of the professional nature of the players. On the other hand there are those postings like the one on HAIR AND HAIR STYLES, that has become interesting reading, but to much of a waste of time for me because MY HOGS DON'T CARE IF OUR EMPLOYEES HAVE HAIR OR NOT!

pork

Tish

Thanks Pork,