FMLA, Pregnant & Layoff

GLC

We went through a reorganization last year and had to lay off some staff. Unfortunately, it looks as though we may have to do another round of them. In one of the positions on the list to possibly layoff is a pregnant Sr. Mgr. She is going on FMLA next month to have her baby. I have told our Executive Director that we need to allow her to use her 12 weeks of FMLA leave and look at the position when she returns. Would you agree? How much time after she returns do you think we could begin looking at her positon without it looking suspect?

Don D

I think you will find that you are not prohibited from applying the layoff to the pregnant employee even though she is already on or anticipating FMLA. If you can clearly show that the layoff was iminent or that the job was being targeted for elimination in an ongoing process that your company was going through or strongly considering, the FMLA event will not necessarily protect her. Good documentation will help.

bsa

Sorry to hear that your company is struggling. I agree with DonD. If you have already started the layoff decision process and her position is being considered (with timely documentation), continue forward with it. Pregnacy and FMLA will not protect her from the inevitable.

As another thought, you called her a SR Mgr. Is she a key employee? That would get you off the hook also.