FMLA leave OK for pregnant worker who can’t do her job — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

FMLA leave OK for pregnant worker who can’t do her job

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in FMLA Guidelines,Human Resources

Doctors sometimes tell pregnant employees they can’t lift anything in excess of a certain weight. If the job requires such lifting, there is nothing to prevent the employer from placing the pregnant worker on FMLA leave.

Recent case: Tracy Arnold’s job required her to occasionally lift, carry or push more than 50 pounds. Because she was experiencing a high-risk pregnancy, her doctor said she couldn’t lift more than just a few pounds. Her employer placed her on FMLA leave since she couldn’t perform her job.

Arnold ran out of FMLA leave and she was terminated. She sued, alleging she should not have been placed on leave.

But she didn’t offer any evidence that the job’s weight requirement wasn’t real. Her employer was entitled to place her on leave. (Arnold v. North Okaloosa Medical Center, No. 3:09-CV-572, ND FL, 2010)

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