Problem Child

Rockie

I have a situation with an employee who is a problem child to begin with. Her attendance and overall demeanor has not been the same lately. She has been calling in a lot, etc.

Anyway...she and I had to have "the talk" and I just advised that I sensed her overall attitude had changed and she seemed not to be happy here at work any longer.(which had been the case and noticed not only by me or by others). Of course she told me how happy she was here in a loud and argumentative voice. She finally said "Okay then, I'm pregnant!" The only response that I gave her was "Well, then I can understand your preoccupation and change of demeanor, but I need to know what's going on with you, so I know your behavior is not what it looks like."

She informed me that no one needs to know anything about her personal business, blah, blah, blah. I guess I was trying to help this person protect her job, protect her leave status, etc. Otherwise, she could be cited as an attendance problem if no one knew what was going on with her.

How would you guys handle this?

Carol CA

I try not to get involved with an employee's personal life. Her "attitude" may have changed, but that is such a nebulous thing that I usually don't address "attitide". Instead I concentrate on what is concrete and work related. For example, letting her know that her attendance is unacceptable is very objective and work related. WHY she has been calling in absent more frequently is not our business.

Now that you've delved further, however, and discovered that she is pregnant, I would place her on FMLA for intermittant leave. You can let her know that the FMLA protects her job, but she still needs to perform the essential functions of the job. If she is starting to miss deadlines, has reduced output, etc., then address those as performance issues. You just need to be careful that it isn't construed as retaliation for declaring she is pregnant.

Good luck!

Terry

I would explain that the purpose of the conversation was to allow an opportunity to explain the sudden change in performance and see if there was a good reason for it. Not that I wanted to pry into anyones private life, but when job performance reduces to such a level that progressive discipline and/or termination is the next appropriate form of action, there may be times you may wish to explain the change in performance and allow us the opportunity to understand what is going on.

In her case, she probably thinks she couldn't be fired for being pregnant, but if you didn't know and you followed your company procedures with proper documentation, then she would have been SOL. If it is consistent with company policy, especially with how other pregnancies have been treated, give her the FMLA forms now and have all absences and Dr's appts count towards her entitlement.

LFernandes

I would make sure that her FMLA and Performance issues are handled separately. Inform her of her rights under FMLA (if she's eligible) and explain intermittent leave to her. Be sure to notify her in writing of her rights. If you have a formal attendance program in place that allows for a certain number of absences, remind her of that policy, and explain that FMLA is job protected Leave. If she is having difficulty with the pregnancy emotionally, offer your EAP program if you have one or your healthcare provider may offer counselling.

On the performance side, if you have concrete examples of poor performance, you will need to address them with her. If she tryes to use the excuse that it's because she's pregnant, don't go there. Sit down with her supervisor and set definate goals in a performance program for her to meet within a certain time period. They should be periodically reviewed with her to see if she is having difficulty meeting those goals. Try to work with her and tell her that your trying to help her so that she doesn't feel that your out to get her.

I wouldn't address the attitude issue unless she is insubordinate or disruptive to her department or the company. If she is, then address it. Otherwise, let it go.

Good luck!