Pregnancy and New hire

[font size="1" color="#FF0000"]LAST EDITED ON 04-19-04 AT 10:13AM (CST)[/font][br][br]HELP!!!

Here is the situation. New hire informed us at time of orientation that she was now pregnant and is considered a "high risk" patient which will require additional doctor visits, etc. We were willing to work with this. However, she began work and worked only three days. She is having nausea and her doctor has sent a letter advising that her complications are unpredictable and could last a few weeks or throughout the pregnancy. Aaccording to her physician, the employee is requesting to stop working until this subsides and would like to return to work once this is accomplished or after she delivers the baby (due in December).

She does not qualify for FMLA and, of course, has not accrued any PTO since she only worked three days.

Question: Can we terminate her since she is unable to do job she was hired for; or should we offer to hold position until she recovers and is able to fulfill the job requirements; or can we terminate and suggest that she may reapply after she recovers?

I need answer ASAP.

Thanks in advance.

Comments

  • 5 Comments sorted by Votes Date Added
  • Mississippi has no separate or add-on FML law and there is no federal statute that would require your keeping her employed under the circumstances you cite. I would tell her that the company's normal attendance policy will apply. It would not be advisable for you to carve out a special exception for her simply because she is pregnant. Treat it the same as you would a man who told you in orientation that he was going to have to be out due to his personal medical circumstances. Being at work is a condition of the job. Invite her to re-apply once she is able to work.
  • you can terminate, note she is eligible for rehire, and have her reapply once she is able to work. there is no ADA or FMLA involved. we assume you would treat this the same as a broken leg for an employee with similar tenure.
    Peyton Irby
    Editor, Mississippi Employment Law Letter
    Watkins Ludlam Winter & Stennis, P.A.
    (601) 949-4810
    [email]pirby@watkinsludlam.com[/email]
  • Please make sure, however, that this is precisely how you would treat someone with a broken leg or who got into an accident on their third day driving to work, etc.
  • Back in the work force after a 1 year "Mental Health Break".
    You must treat Pregnancy the same as any other condition. Seeing how she is entitled to 0 benefits, I would suggest the terminate / re-apply when medically cleared. In saying this, I have the sense that she was not totally honest with you when she was hired, however, even if she told you, you could not use that as the sole means of denying her the position. Cheers,
  • Hey "Bill" Welcome. Are you a Williamina? Your profile says you are one of the female persuasion. Need all the recruits we can get.
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