Light Duty & Pregnancy (non FMLA)

MindyM · January 2006

I am the HR Director for a continuing care retirement community (CCRC). This is my first question . . . I have a pregnant employee who is not eligible for FMLA (less than one year) who is requesting light duty (she has a physician note). We do allow light duty, but only for employees who have a work related injury or illness. Under the Pregnancy Discrimination Act would we be required to allow pregnant employees to work light duty as well? Thanks for your input.

pork1 · January 2006

MINDYM: If you would allow light duty for a broken leg employee, you would also make the same decision to allow light duty for the expecting mom. Is there an FMLA condition involved? Does the employee qualify? Has the need for light duty been certified by her physician?

With answers to the above we might be better able to provide more real advise.

PORK

SMace · February 2006

If you've been consistent with the light duty only for work-related conditions.....NO.

This is not legal advice.

WT · February 2006

Ask yourself if you are treating pregnancy any differently than any other injury that is not work related. If somebody had a heart attack, how would you treat them? I would treat the pregnant lady the same way.

HROne · February 2006

I just wanted to add that you may want to reconsider offering light duty in any situation. It helps with FMLA cases because you can count the light duty as FMLA time for the current FMLA request. Also, light duty can be a reasonable accommodation under ADA. I know neither FMLA or ADA come into play for this particular employee, but it may be something for your company to consider. Returning an employee to work during a recovery is most always beneficial to the employee and the employer. Just my opinion, though.

As for requiring a pregnant worker to return to work, the Act doesn't prohibit or require it to my knowledge. But keep in mind that the purpose of the Act is to make certain employers do not treat pregnant women any differently than they would any other employee.

SMace · February 2006

To expound on your point, if someone is on FMLA they do not have to work light duty. They can refuse.

neveradull · February 2006

In my opinion you would not have to provide light duty, but this is such a sensitive area I would consult legal counsel a fifteen minute call could save $. I would also check your state laws. Some states are more liberal then the Feds. In Washington she could qualify for six weeks maternity leave, and if that time off put her over the year mark, she could then qualify for FMLA. As to light duty if it wasn't "make work" I would allow it.

Whatever · February 2006

Forget FMLA, it doesn't apply if the the ee is still working full time but on light duty. As to light duty, if you have a policy that you have consistently followed, then follow it in this case.

HRinGA · February 2006

what does light duty mean? working FT but eliminating some tasks or reducing to a PT schedule? As the other poster stated: if this was a broken leg, what would you do?
Personally, I would work with this employee, but again, that depends what "light duty" means.

Balloonman1 · February 2006

Been there done that in a union environment. If you do not offer restircted duty (I hate calling it light duty) for non work related illnesses you treat the pregnant woman the same. I had a shop steward accuse me of discriminating against the pregnant woman. Took me two days to get her to understand I treated her THE SAME as the other employees. Pregnancy is not a disability, it is a temporary condition.

This is why you should have disability insurance.

My $0.02 worth,
The Balloonman

jimbomt · February 2006

as never mentioned, I would check your state law. In Montana, ours is much more liberal and beneficial for a pregnant employee.

Open1 · February 2006

I like to call it "modified duty." x:D

If you read the Birthday-Baby Shower thread, you'll understand our workplace is very supportive of pregnant women. But they are still expected to get the job done.

If you are setting a precedent (and have no policy or past practice to follow), you might consider how everyone who needs a temporary accommodation will expect to be treated in the future, and how this will work in your company considering its business needs. Then write your policy and stick to it. And good luck! Just when we find something fair and practical that will work...somebody passes a new law. 8-|

Light Duty & Pregnancy (non FMLA)

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