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When pregnant worker can’t perform, factor in ADA, FMLA, PDA

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in Human Resources,Maternity Leave Laws

It can be complicated to handle a pregnant employee when she can’t perform some part of her job. That’s because three federal laws—the ADA, the FMLA and the Pregnancy Discrimination Act (PDA)—intersect to provide protection for some pregnant workers who have medical restrictions.

Recent case: Peggy works part-time as a UPS delivery person. Her shift begins in the early morning when she drives her delivery van to the airport to meet flights. It ends mid-morning after she has finished delivering packages.

Peggy had trouble becoming pregnant and re­­sorted to in vitro fertilization. Fol­­low­­ing her third in vitro procedure, Peggy conceived.

Almost immediately, her doctors restricted her lifting to no more than 20 pounds.

Peggy took the medical restriction paperwork to her supervisor, who sent it on to HR. There, someone looked at her job description and concluded that she could no longer do her job because of the lifting rest...(register to read more)

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