Almost anything connected to a pregnancy can become the basis for a validrequest, even if the employee is well. Take, for example, a doctor’s written notice that the pregnant employee should be placed on light-duty work for her own safety. If no such positions are available, you may have to allow the worker time off as leave.
Recent case: Claudia worked as a detention officer in a county prison. She took fingerprints, handled paperwork and was physically located within the women’s pod sections of the prison. She had received safety training in how to defend herself against inmates.
Then she became pregnant. Her doctors were concerned about her physical safety because of her direct contact with prisoners. They recommended a light-duty assignment outside the prison pods. Since nothing was available, she was off work after HR placed her on FMLA leave. Eventually, Claudia had a miscarriage. When she tried to return, she learned she had been discharged.
She sued, alleging retaliation for taking FMLA leave and interference with that leave.
Prison officials argued that because there had been nothing wrong with Claudia other than being pregnant, she wasn’t eligible for FMLA leave after all. Therefore, she couldn’t sue for retaliation or interference. In other words, she was physically able to work in the pods, but couldn’t because of her doctor’s safety concerns—presumably because a heavily pregnant woman might have trouble fighting off prisoners.
The court said that because the restriction was related to her pregnancy, Claudia’s time off counted as FMLA leave. It didn’t matter whether she was physically well. (Elliott v. Rollins, et al., No. 5:11-CV-693, ED NC, 2013)
Final note: When in doubt, allow a pregnant woman to take FMLA leave for anything connected with the pregnancy.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/37055/grant-fmla-leave-for-pregnancy-related-issues "
- Are workers fully engaged? Ask right questions to find out
- Ballot initiatives in several states and cities usher in employment law changes
- Make sure employees understand your FMLA calendar
- 17 Questions to Determine if Workers are Fully Engaged
- Pregnant Employees: Answers to Your 20 Toughest Legal Questions