FMLA

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We have just hired a new person who is 4 months pregnant. When she delivers her baby she will not have worked for us for 12 months and therefore will not be eligible for FMLA.

How long do you recommend that we allow her unpaid leave and hold her position open??

Down_the_Middle

Unless your state has a preferential treatment for pregnancy statute, I'd offer her the same amount of time-off as you would for any other disability (e.g. surgery, broken leg, etc....) Most MD's will attest to the fact that 6 weeks post delivery is comparable to 6 weeks post-op. As long as you treat her absence the same as other absences for males, you shouldn't run afoul.

Gar

I agree totally with Down-The Middle. You should treat this employee the way you would any other employee with a dibiltating illness/condition.

js

I would caution one thing further. Since pregnancy is considered a
disability you have to weigh the reasonable accommodation issue. If the person needs more than 6 weeks recovery...if you can not show that it would be a burden to your company to accommodate her you might want to consider allowing her longer.

awilliams

In reference to the previous post, I want to clear up that pregnancy itself is not considered a disability under either the ADA or the FMLA. Pregnancy-related conditions, such as morning sickness, back pain, etc, can be considered disabilities. You may have to make an ADA accommodation IF the employee's doctor certifies her as disabled for one of those reasons.

Gar

You're correct. Pregnancy isn't covered by the ADA. However, title VII of the Civil Rights Act of 1964 was amended to give pregnant women the protection they don't currently have under the ADA. Bottom line: You shouldn't treat them differently than other employees (disbaled or otherwise) because they are pregnant.

js

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In reference to my post #3 from above-- I should have worded what I was trying to say more clearly. It is true that pregnancy itself is not a disability; it's conditions such as back pain, morning sickness, etc., are what may qualify for ADA protection. This is sort of like a diagosis for Crohn's disease, heart disease, or diabetes. It is the conditions caused by these ailments that require reasonable accomodations.

I agree that she should be treated the same as anyone else with a disability. All I was intending to say was that I would be careful. In some hot issues I would rather give the employee the benefit of the doubt than fiddle with definitions. Even if you tell this person they can have off the standard amount of time that other's get, if you do not leave it open for flexibility based on what could happen to her as an individual, you could be asking for trouble. I would rather be safe in the beginning than right in the end.