Pregnancy Situation

Rockie

Rather sticky situation here. Have an employee who is going out on FMLA for pregnancy. She has already taken 3 weeks in her 12 week period for an unrelated condition. She only has 9 weeks of FMLA left. She is not too happy about this as she wants to take "her full 12 weeks". Hard to make her understand that she has already taken three of the alloted 12 weeks for another occurrence.

Another complicating factor. A coordinator in our practice has transferred to another area of the practice. These duties will be phased into the position that the pregnant employee now has. This is easily doable and not a hardship for the employee. These are additional duties that will be part of her job, even before she begins her FMLA. Two things: (1) she doesn't know if she wants to assume these additional duties and (2) she may want to take additional weeks over and above the 9 remaining weeks she has left under FMLA.

My contention is that we would add these additional duties to this position whether the person holding the position was pregnant or not and (2) she is only entitled to the 9 weeks remaining in order to have a job guaranteed when she returns?

Is there anything you can see that I haven't covered in this scenario?

Thanks.

Margaret Morford

I agree with you. With the recent downsizings, lots of employees are taking on additional responsibilities whether they want to or not.

She gets nine weeks period. If you give her more than 9 weeks, how can you tell other employees that they only get 12 weeks? Cynically, I predict that she will have her doctor write her out early.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]

Down_the_Middle

I would proceed on the same basis as you have. The issue of adding addt'l respon's is always an issue, but your contention of doing it w/o regard to the pregnancy makes sense to me.

Gar

What you are doing seems reasonable to me. But, given the additional duties, be prepared should she ask to have her job studied in the hope that it may result in a promotion.

dhnyct

I agree with the previous responses. One thing does raise of flag of concern, especially since she's already expressed her displeasure about the FMLA. Could the employee perceive the additional duties as retaliation or creation of a constructive discharge situation?