FMLA Leave-Pregnancy

SVHRAZ · April 2003

Wanted to get your input on the following issue:
I am in the service industry in Arizona, currently one of our staff members is out dealing with pregnancy complications. I am not the HR Director but I believe that we should have placed the individual on FMLA leave as soon as we knew that she was having complications but the HR Director wants to wait until we receive a doctor's notice stating that she will need to be out. Should we be doing that? She has been out the past week in an IV at home because she cannot keep food down. I believe that the right thing to do is to request FMLA leave and if by the doctor's certification she does not require extended leave, then intermittent leave should be approved. What do you advice?

On top of that, they are waiting for her to come in to conduct a disciplinary action because she fail to follow call in procedures. But at the same time at one point her manager denied her access to PTO and told her that "she needed to save it for her pregnancy."

Also, how may of your FMLA policies require a doctor's certification for pregnancy? We require it here, and I just don't think it's necessary, not for pregnancy anyway.

Thank you, your input is greatly appreciated!

PAhr · April 2003

You should notify her immediately that she needs to be certified for FMLA. There is no doubt in my mind that this condition is covered under FMLA. The doctor should fill it out stating the current problems and the likely duration. If she can return next week but still having these complications, you can use the certification for intermittent leave. Believe me, morning sickness is covered under FMLA and as such FMLA can be used on an intermittent basis for this condition.

You should go by company policy as far as how PTO is to be used. If similarly situated employees on FMLA are not forced to save or use up PTO you should not force her to do so. And I would rethink writting her up for call off violations. I am assuming that she called and informed someone of her condition. That is your cue to get the FMLA ball rolling and under FMLA she would not need to call in every day. If you would like to require that she call in on a weekly basis to update you, that would be fine so long as you do this with everyone else on FMLA.

San Francisco · April 2003

We require a doctor's certification for everyone on a leave. There are two reasons for this. First, we require the doctor to estimate the time the employee will need for his/her leave. This enables the store managers to plan for staffing needs while that employee is out on leave. The employee may extend the leave or return earlier if released by the doctor. Second, if the employees hours fall below an average of 30 hours over a 12 week period, they will lose their medical coverage. Those on approved leaves receive benefit protection for up to 12 weeks. This information is input into our computer system that generates to the benefit department so their benefits will not be cancelled.

I should add that we are a relatively large company and we have one person whose sole function is to track leaves and ensure that they all have the proper medical certification. This may not be necessary for your company.

Elizabeth

Trinity · April 2003

I may be feeling this because I am newly pregnant and so we pregnant ladies seem to be a little moody at times, but it seems kinda harsh from what little I have read to penalize someone for a call in violation if they are having to be at home on an IV because they are puking their brains out. I am sure SOMEONE must have been notified..surely?? After all, this is not a normal run-of-the-mill sickness..I am sure she is worried sick about her child and trying to just maintain. However, because this is not a normal sickness, I DO think FMLA should have been applied here and should be started asap if not already. There is not telling how long she could be out.
As balloonman would say..my two cents worth..

HRPeg · April 2003

Send the employee her forms stating the timeframe that she has in which to return them and that you are placing her on FMLA pending receipt of the forms. She MUST return the forms timely.

I am bothered by the person who told her she could not use her PTO? Is this typical in your company or was she singled out?

SVHRAZ · April 2003

Thank you all for your responses. Again, I am not the HR Director and based on information I know, I believed that she should have been placed on FMLA leave the minute her manager knew her situation. I know bits and pieces of the situation, I know she's sick and I know that they are waiting for her to come back into work to address the call in procedures issues. I too agree that she should not be written up. I wanted to get feedback so that I can approach the Director with my concerns regarding the FMLA. In regards to the disciplinary action-I am in no position to voice my opinion to that matter. However, there has been issues with that manager and communications barriers with her employees and no denying employees accrued PTO is not a normal practice,in fact my company is a great company to work for, I believe is an issue with the manager's "management skills".

I am welcoming additional suggestions/comments regarding the issue.

Theresa Gegen TX · April 2003

Standard practice is to conditional designate it as FMLA subject to getting the paperwork in. Employee has 15 days to return paperwork for FMLA, and since this appears to be clearly covered, you want her to have her rights.

FMLA Leave-Pregnancy

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