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When employee has difficult pregnancy, don’t get creative with FMLA, ADA

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in FMLA Guidelines,Human Resources

Not everyone has an easy pregnancy, birth and recovery. Em­­ployers that refuse to recognize this reality and don’t offer accommodations for unusual circumstances face potential liability under both the FMLA and the ADA.

What’s more, HR professionals and supervisors may find themselves personally liable for mistakes they make along the way.

Recent case: Kerry worked for the Center for Organ Recovery and Edu­­ca­­tion (CORE) until she was fired when she couldn’t return to work within a few weeks of an emergency caesarean section, ostensibly because her 12 weeks of unpaid FMLA leave had expired.

Kerry sued CORE and her direct supervisor over their treatment of her pregnancy.

The trouble began shortly after she announced she was pregnant, when she first began having complications. Her doctor al­­most immediately restricted how many hours per day she could work. He said Kerry could not safely work the 12-hour days her employer d...(register to read more)

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