avoid layoff for pregnant employee

We have an employee who I just found out (unofficially) is pregnant. I know she wants to be sure to stay employed by our company, however, we are planning layoffs in the next 3-5 weeks.

Should she officially tell her management team and HR that she is pregnant (even though it is to early to be necessary for the health of the baby or mother), so that she reduces the risk of being laid off?

If she tells management that she is pregnant, is there any lay that protects her from being laid off? She is an excellent well liked employee, but the company is suffering major financial concerns.


Comments

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  • Just my opinion, but the possibility/fact that she is "unofficially pregnant" and well liked should have no bearing on whether or not her position is one affected by layoff. And she has no obligation to advise the company of her medical situation unless she and her physician decide it's best to do so. And if she did, this should not 'reduce the risk of being laid off'. You do, however, want to be certain that your company plan is laid out well enough and supported by a business plan to reveal clearly that she was not targeted for layoff because you 'unofficially' thought she was pregnant. It's 'unofficial' and you're already speculating that 'it is too early to be necessary for the health of the baby or mother'?
  • It's unclear whether the poster is an HR professional or "interested 3rd party", but I'll bite. I would say that her disclosure to the employer is not needed unless there are medical reasons for doing so. In the event that she is impacted by an upcoming lay-off, she'll be subject to this unless she has clearly been prejudiced by the pregnancy----the Pregnancy Discrim Act would then play a role.
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