Inability to work over 40 hrs? Entitled to FMLA?
Schoollawatty 1 Post
Need help working through this. Employee works 37 hours a week for us. Is pregnant and requests FMLA pre-delivery. Certification from dr. says no limitations on what she can do pre-delivery, just that she's not able to work more than 40 hours a week (which would be no problem here - she never would go over 37). The twist - she apparently has another job too. She's chosen to stay at that one (40 hours per week). Wants FMLA from us. Any wise thoughts. I know safe route is to give FMLA. Just wondering if anyone has dealt with issue of whether this is an "incapacity". Thanks.
If she returns with paperwork stating that she cannot work for you due to her condition, start the clock running.
If you have let her juggle her jobs (yours and theirs) in the past, you may have a different issue, of if you have let others juggle jobs. You may find that you have to be more permissive.
I'm typically not very permissive in the workplace, so I'd stick with the Dr. stmt and expect 37 hours/week.