Pregnant and absent

KP68

I originally posted this in the employment law section, but had no responses, so I think I'll try in this section.



Situation: pregnant employee due in two months, has been w/our company less than a year (no FMLA to use), has had previous attendance issues. She was put on a reduced schedule at the end of November - 20 hours per week - and has called in sick five times since these restrictions were put into place.
The two notes that we do have for these absences simply state that she was seen on one day, and another states that she could not work "due to illness".
What are our rights as an employer in situations like this? Discussions had previously taken place regarding her attendance, but this was prior to her prenatal restrictions. I'm getting the sneaking suspicion that we are being taken advantage of here. Her doctor has not changed her work restriction since the initial document at the end of November. In fact, she sent us a new one dated after the original we received, but it states the same - that she is able to work four hours per day, so there have been no changes to this. Should we request a new one? Can we discipline in this situation?

I look forward to your thoughts.
Thanks

Don D

Why would you discipline? She apparently thinks she is following your policy by providing you with doctors' statements. She's been allowed to have a new restricted schedule as a result. I say that because you said, "She has been put on a reduced schedule." So, she apparently thinks she's going along with the program. Do you have written, followed policies regarding such restrictions? Are they announced policies? Have you been consistent? What's been the company practice in the past? What has she actually been told by Human Resources as to what she can expect going forward? I'm thinking that if you have flaws in the application of this type of situation in the past or you have no firm methodology for proceeding in the present, then it would be very unwise to discipline or terminate an employee with an illness who thinks she is complying with policy.

KP68

....Okay, what if we just found out that this same employee has been calling in &/or leaving early from her four hour shift to pick up her child, go to doctor's appointments.....for reasons OTHER than illness??

Don D

>....Okay, what if we just found out that this
>same employee has been calling in &/or leaving
>early from her four hour shift to pick up her
>child, go to doctor's appointments.....for
>reasons OTHER than illness??


Go to doctor's appointments....for reasons OTHER than illness? What could those reasons possibly be, if not for illness? I still want you to know that it is very, very unwise to attempt to 'build a file' on an employee in this situation when you have nothing really firm in the way of behavior or performance on which to base it. It will read to the reasonable juror, as it does to me, that you might have been reacting to the situation that developed due to her pregnancy. Now if she is calling in with unrelated reasons, is she being told she is excused? You'll need to look into that and have solid documentation. Are the situations involvinig her child the same ones that others in your company have been taking off for in the past, or the present? Probably so. I by no means intend to imply that pregnancy is a free pass to goof off, call for all sorts or reasons or abuse your attendance policies. But, I have not read yet where you have a really solid basis for proceding with discipline, much less termination. I don't think she'll need an especially talented attorney to handle her case.