Pregnant EE and Work Restrictions

LindaS

Here's the situation...

EE works in a cheese factory and recently found out she is pregnant (couple of months along). Her job requires that she regularly lift 50-80lbs. Due to complications the physician has limited her to lifting no more than 20lbs. until she can be re-evaluated, and possibly for the remainder of her pregnancy. She is now concerned that the company will terminate her due to her work restrictions.

This company is located in WI, is large enough to fall under FMLA and she has met the eligibility requirements for FMLA.

My first response was that they cannot terminate her but I wanted input from others before I give her a response.

What is your opinion?

Thanks for the assistance.

FunHRBanker

Can you accommodate her? How would you treat someone with the same restriction who has a back injury for example?

AnneHa

This isn't really an FMLA issue at this point. That leave will cover time off for medical issues dealing with the 'condition' certified by her physician, whether long-term (up to 12 weeks)or intermittent.

I'm not sure about ADA. In general, temporary conditions aren't covered, for example, recovery from surgery where no permanent disability is involved. What she is asking for is a temporary change in job duties. Is that a possibility in your company? We have moved ees into other positions on a temporary basis while they were recovering from different medical procedures. We never connected this with either FMLA or ADA. In our case, we would not term someone who was temporarily unable to do the job.

You will also want to make sure that your state does not have additional regs dealing with pregnancy.

Anne in Ohio

VS

Our policy does not allow for "light" duty, except for WC. Therefore, when an employee has work restrictions,pregnant or otherwise, we continue their FMLA or Medical Leave until it expires, then term if they cannot return to work with a full duty release. Pregnancy is not ADA protected in itself.

mbeam

Sounds like an FMLA qualifiable event as pregnancy is covered.

What percentage of her job is she not able to fulfill? If being able to lift these amounts is an essential function then would see if you could accomodate to enable her to perform the other functions outside of lifting. If it results in a shorter day then would count that time as FMLA.

Another good bit of advice that someone else posted would be what if it was a back or other type of injury. How do you handle those (workers' comp and those happening outside of work)? If you're consistent in how you administer it then you won't have to worry about running amok of another act - Pregnancy Discrimination.