Maternity

Lois Cayne

We are a medical practice staff of 38.One of our employees who works in the file room is pregnant, but hasn't told management. She told her immediate supervisor. What are the legal issues. She works in the file room and part of her job is to sort out the mail and distribute and lift some boxes. With a staff of 38 are we part of the FMLA. Is management required to speak with her concerning her pregnancy and how long she plans to continue working. What if she gets hurt on the job, lifting boxes.

Would appreciate feedback with this issue.

LC

irenesmsaclaims

With a staff of 38, you are not subject to FMLA (50 employees) and if the employee has not worked the required number of hours over the last consecutive 12 months, she is not entitled to FMLA. Lastly, the employee would have to approach the employer about FMLA, not the other way around. Assumptions should not be made on the part of the employer.

The box lifting is another issue, separate from FMLA. Under the ADA, accommodations have to be made for defined disabilities, and I'm not sure pregnancy is one of them, under the ADA.

Sounds like you should do nothing about this, unless she brings it up.

VS

Pregnancy does not fall under ADA. However, if another illness arises out of being pregnant, then that could change your approach.

The employee is not solely responsible for notifying the employer of the need for FMLA. The employee only has to put the employer "on notice". Therefore, "on notice" can simply be stating "I'm pregnant" or "my mother is very ill" and the employee is out beyond three days, then you should be providing FMLA paperwork because this employee may be out for this time period dealing with the very ill mother. You don't know for sure, but you provide the paperwork to cover yourself. However, this employee should also be calling in. But we know how that works sometimes!

My nickel's worth!

jmcaa

Since you only have 38 employees you are not subject to FMLA. What does your employee handbook contain regarding leave time (sick, vacation, absence, etc.). This should be the rules that you operate under. If you have sick time what are the rules for using it? Vacation time-what are the rules for using it? Does your handbook contain anything regarding disability leave (is pregnancy considered a disability by your handbook)? What has been done in the past for others in the same situation?

You need to consider all of this before you decide anything.

If she told her supervisor she is pregnant then she has effectively told "the employer." She will probably work until she either delivers or can't work because of pregnancy-related issues.

Another thing you need to consider is if your STATE has any rules and regulations regarding pregnancy, work, and required leave and/or job protection.

System

I saw that NY has a law for pregnancy leave that applies to all employers, but I'm not sure what the law requires.

James Sokolowski
HRhero.com