SHORT TERM EMPLOYEE-PREGNANT-ILL

sharonb · July 2002

We hire with a 60 day orientation period. Employee started 7-8. Was ill on
7-16. Came in 7-17 and said she was pregnant. Went home that afternoon. Later
called and said doctor told her to stay off til following Monday, and we have
confirmation of that. (So missed 7-18 & 7-19) Came in 7-22 & worked all day. Now she's called in sick for 7-24 and 7-25. She indicates that she has
morning sickness. She was to see the doctor on 7-23, but the doctor has had
to re-schedule her.

She's barely had any training at this point. Can we let her go even though
she's pregnant?

Need help quick. Thks!

Marie · August 2002

Depending on your state's requirements re pregnancy, you should treat her the same way you would treat anyone else who was missing work. Would you release a male who broke his leg playing sports on his own time during the first week of employment? Attendance is an essential function of any job. You wouldn't be terming her because she was pregnant, but because of attendance.

B_Jackson · August 2002

Pregnancy is a medical condition. What does you policy say. When is a person eligible for medical leave, if they are not covered under FMLA? If there is not a policy covering the employee, then follow the same procedures as for other probationary employees in similar situations.

Mike Maslanka · August 2002

forget the fact that she is with child---how would you handle this if she was off for other medical reasons,and do the same here...check out troupe v. may department stores for an illustration of how to handle this...it is a case from the 7th circuit but i think the reasoning applies equally here in texas...good luck,mike maslanka,[url]www.godwingruber.com[/url]

SHORT TERM EMPLOYEE-PREGNANT-ILL

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