Maternity - come back early

J9JC · September 2006

We have a pregnant employee who is due in early October. She has requested to come back to work before her 6-8 week leave. We are a small company and we do grant more leave if the employee wishes and we often work out a part time return for employess to make the transition more smoothly. This is the first time we have ever had someone ask to come back to work before the standard 6-8 week disability period.

My first thought is a doctor would have to approve this. The employee would have to request it in writing.

My gut tells me this is not a good idea, and I can think of a bunch of "maybes" that could arise but was hoping some of you could comment on why it would or would not be a good idea.

We are small company, not subject to FMLA rules.

Thoughts?

Irie · September 2006

If her doctor releases her to come back to work I don't see a problem with it.

An employee sitting at a desk working is probably exerting less effort than staying at home taking care of a baby all day.

Why would you have a problem with her coming back early? I don't believe it is up to us to play doctor and decide when employees are able/not able to work. And perhaps if this leave is unpaid she needs to come back so she can start getting paid again.

Let us know what you decide to do.

neveradull · September 2006

I concur. with a return to work release from her doctor. My reading of FMLA and WA preg. law permits/allows but does not require with a Doctor release. If the Doctor allowed I would let her come back to work the next day.

HR In NH · September 2006

I think your instinct that this might not be a good idea is probably correct. I had my first child 16 weeks ago and I know how awfully difficult those first few weeks are, but Title VII states that a pregnant individual cannot be forced to take a leave of absence, if able to perform the necessary functions of the job. The same would apply for a new mother. As long as she states she is able to do the job and you have no documentation that she cannot, there is no reason not to allow her to return. If there is documentation on file (for example, prior to the birth), then her doctor should provide a note clearing her to return.

J9JC · September 2006

I'm just trying to be careful and get other's input. California has such strict laws and so easy to for a company to be constured as doing the wrong thing. I'm just trying to think of any angle that could be worked against us. I worry that she will claim that she was forced or coerced into returning to work early in order to keep her job or something of that sort.

In CA you get disability for 6-8 weeks depensing on the delivery, so why wouldn't I need a DR note clearing her for return to duty like any other employee on disability?

HR In NH · September 2006

We have CA employees as well - in fact, two pregnant employees at the moment. I would just request her to state in writing that she wants to return early - whether via email or a letter. CA SDI is only a portion of their regular pay, so there is still a financial motivation for her to return.

System · September 2006

I would ask for the doctor's note.. but if she is a first time parent and it is not solely based on the need for income her decision may change once the baby is born. Until you have a new child at home you have no idea what you are in for.

Dutch2 · September 2006

We have had this happen a few times. We simply require the ee's to bring a release to work statement from their Doc. If their Doc says they are ok and this is what they want, we can sure use them back at work.

WT · October 2006

Most doctors routinely keep employees out of work after a birth until the six week check-up and longer in case of complications. The employee would have to see the doctor early and specifically ask to be released back to work. If she is willing to do all that, she is ready to come back to work.

System · October 2006

One caveat: The hoops that a new mom has to jump through in order to return to work should be basically the same as employees returning from other medical conditions. Otherwise you could get accused of sex discrimination.

James Sokolowski
HRhero.com

J9JC · October 2006

That is what I thought and why I will not let her return without a Dr. note. Any other employee on disability would need to do that so it is only being equitable to ask her to also.
Thanks to all for thier input!

Rockie · October 2006

As long as a doctor approved it, she could come back the next day if she wanted to. Otherwise, no go.

I have an employee who had major surgery and her physician wrote her out for 6-8 weeks. She thought she could come back after 4 weeks if I just let her sit at her desk. The doctor would not release her to come back; so therefore, I would not allow her to return for any reason.

LeeR · October 2006

She is off due to a medical condition. In order to return the MD should certify that she is able to return to work. 3 days or 8 weeks as long as the MD says she is capable why7 not?

Maternity - come back early

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