Pregnant Employee

Elle

I have a new, mother employee who has been out for 6 weeks on maternity leave (STD). She had a very bad pattern of tardiness and absenteeism before and during her pregnancy. She was supposed to begin work this morning when she called 1/2 before her shift to say that she needs an extension on her leave and won't be in today b/c she can't find a babysitter. I am left w/o a person in that position once again today b/c of this employee.

She has excerised all of her PTO and has no days left. I just want to get rid of her, her performance is poor and I have enough documentation from before to prove her patterns.

I am scared to term her though b/c she is a new mother, we don't qualify for FMLA and I don't think the STD carrier will give her an extension. Does anyone have any advice for me, can I term her???

Thanks in advance, I appreciate everyone's time.

Rockie

First question. Does she qualify for FMLA? You say she has been out six weeks. If she is on FMLA, then she has up to 12 weeks.

Regardless of this, she handled her request for an "extension" very inappropriately. Do you have a policy for this?

Another note: She has had six weeks to find a babysitter for her child. FMLA does not cover child care. But....tread lightly if she does qualify for FMLA and has not exhausted her 12 weeks of time off.

Don D

Your post says you don't qualify for FMLA, so I assume you're too small. It's a simple attendance issue and should be handled like any other attendance issue. I would NOT consider termination immediately following her scheduled return from her temporary illness. There are tricky little things like the Pregnancy Discrimination Act that a relatively hungry attorney will gladly pursue. It will appear to any jury that you simply termed her because she was or had been pregnant and you don't want employees who have babysitting issues and you're afraid she'll be pregnant again, and on and on. You should have considered terming her for the documentation you had, way before she went out on maternity leave. It won't appear particularly bright to do that at this poing. Go with attendance. Hold a firm line enforcing your policy but be sure you do it consistently with all others.




Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

Elle

Thanks for your responses. During her pregnancy, I was informed not to term her then, that is why I didn't. But I can't give her an extention on her time off and neither can the STD carrier, she has no PTO left. Plus, I need to fill the position. She is a poor performing employee and yes, we do have an attendance/tardiness policy. I think I am just going to term her.

Thanks again.