Inability to work over 40 hrs? Entitled to FMLA?
Need help working through this. Employee works 37 hours a week for us. Is pregnant and requests FMLA pre-delivery. Certification from dr. says no limitations on what she can do pre-delivery, just that she's not able to work more than 40 hours a week (which would be no problem here - she never would go over 37). The twist - she apparently has another job too. She's chosen to stay at that one (40 hours per week). Wants FMLA from us. Any wise thoughts. I know safe route is to give FMLA. Just wondering if anyone has dealt with issue of whether this is an "incapacity". Thanks.