Pregnant employee with work restrictions
djlief
5 Posts
I operate a sleep laboratory. I have a night technician who is pregnant. She frequently provides care to two patients each night and is frequently the only employee on site. I received a letter from her doctor limiting her work activities. It reads: I am recommending that she stand no longer than necessary, sit as often as possible and not lift, push or pull anything greater than 20 pounds... These recommended limitations are below the physical demands specifically detailed in her signed job description. Additionally, I cannot guarantee she won't be put in a position where a patient could collapse or fall and she would be the only one on-site to assist the patient. She could call 911, but that is far from ideal. What are my options here? Now that I have the letter I am really concerned about liability. I do not have another position to move her into, I would have to make something up and that would create an extreme financial hardship for my company. I could be sure that she only works on a night when another employee is on site, but this will severly limit the amount of work available to her. We are a small company and not subject to FMLA. Any suggestions on how to handle this situation?
Comments
Even if you are not subject to FMLA, you can still put her on unpaid leave and let her come back to her job when she is ready. Termination is a possibility, but not until you address ADA concerns. Under ADAAA, short term disability, such as impairments resulting from pregnancy complications, are within the scope of ADA. Consequently, you need to begin a dialogue with this employee about options, including light duty, which may mean only working while another employee is present. To determine whether the cost of such an accomodation would be an undue hardship is something you will have to take up with a local employment law attorney. The standard for undue burden for an ADA accomomdation is quite high.
Keep in mind that there may be state laws that can come into play where pregnancy is involved.