HOW LONG CAN PREGNANT EE WORK?

HENRY

MY QUESTION IS, WE HAVE A PREGNANT EMPLOYEE WHO WORKS AS A BOOKER, HE JOB IS BASICALLY SITTING DOWN AND CLOSING REPAIR ORDERS FOR OUR SERVICE DEPT. SHE IS DUE IN MARCH.
SERVICE MGR IS CONCERN WITH HER AND IS ALSO AFRAID THAT IF SHE WORKS TIL THE LAST DAY, SOMETHING MIGHT HAPPEN TO HER AND THEN SHE MIGHT SUE THE CO.
MY QUESTION IS WHAT CAN WE DO IF SHE DOES NOT WANT TO TAKE HER LEAVE EARLY? I KNOW WE CAN'T FORCE HER TO TAKE HER LEAVE, BUT CAN WE REQUEST A NOTE FROM THE DR. TELLING US HOW LONG OR IF SHE CAN STILL WORK?

Theresa Gegen TX

Based on what you said, there is no objective reason to think that she can't work. Her job also sounds like it is not physically stressful. She should be able to work up until her delivery date, if she has no complications.

Asking for a doctors note would not be a good thing. It smacks of pregnancy discrimination -- that is -- a sterotypical belief that pregnant women cannot do certain things.

If there are objective facts to support a belief that she can not do the work (outside of being pregnant) -- for example, if she complains about lots of pain or has to go to the doctor for more than regular check ups or misses work because she isn't feeling well -- then the company might be justified in asking her for a doctors note returning her to work (just like any employee with any other condition).

Right now, though, your best bet is not to worry about something that hasn't happened yet.

Good Luck!

Theresa Gegen
Texas Employment Law Letter

SMace

She can work as long as she wants to.

Your caps lock is stuck. x:D

mushroomHR

Henry, Please stop SHOUTING. It is very difficult to read your posts in all caps. Turn off your caps lock please. Thank you.

POPEYE

Having been through this 3 times with my wife and numerous others with EEs, only the pregnant one and her physician can make that call. My wife is a teacher and with my 1st she actually taught all day and my son was born at 9:15 that night. We have had "clerk" type EEs here that have worked up to delivery date and others that have been off for 4-5 weeks prior. Are you FMLA covered entity? And does this EE qualify? If so, make sure you follow those guidelines.

rad

All pregnancies are different. If the doctor says she can work, let her work. You mention the service manager is concerned. Did something specific happen that caused concern like bleeding, pain, toxemia, etc?

Rockie

As long as the employee's doctor doesn't feel there is an issue, they can work until they go into the hospital.

In a medical practice, you often come in contact with certain hazardous materials or areas that YOU as an employer might feel compelled to "remove" the employee from. We advise employees of the dangers, etc., but if they insist on staying in that area, we have been told it is up to them and their physicians.

neveradull

My guess is that she can continue to work until her contractions are thirty seconds apart. Then if she insists let her take her thirty minute lunch early to have the baby as long as she agrees to finish her shift. This note brought to you by a compassionate HR male.

Don D

Henry: Like Sha-Na-Na, you and the supervisor are stuck in the 60's. This is a medical determination to be made by the employee's physician after consultation with her. Where have you been for the past two decades? Men can't make these calls anymore, and never should have.

marc

Add my name to those that request you not post in all caps. It is the evuivalent of SHOUTING. Indoor voices please.

I recall the stories about women in third world countries who would work right up to delivery. When it was time, they would walk up to the wagon, have the child on the splot and go back to work. I don't know if someone actually took care of the child or they just fended for themselves until the end of the day.

We don't expect that level of dedication at our shop. The ladies make those calls along with their medical professionals, midwives, etc. Some want to work right up until they have to go to the hospital and some are placed on bedrest in their first tri-mester. Those calls are made by medical professionals, not concerned employers.

We have not yet had a pregnant EEs water break during working hours, but we currently have 5 pregnant EEs in our staff of 56, so it is still possible.

Don D

"....have the child right on the SPLOT"? Did you mean 'splat'?

marc

[font size="1" color="#FF0000"]LAST EDITED ON 01-21-04 AT 06:36PM (CST)[/font][br][br]I think one of the noises is northern hemisphere and the other is southern hemisphere.x;-) And just to be clear by hemisphere's I mean geography.