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Pregnancy

rrobertsrroberts 34 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
EE is about 4 months pregnant and has doctor's restrictions of no lifting more than 10 lbs. which we are accommodating. It is June in Florida and the heat is getting extreme. EE is complaining that she can't work in the heat. If she gets a doctor's note saying she can't work in the heat do we have to accommodate. All of our production jobs are in non-airconditioned buildings.
Thanks
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  • atrimbleatrimble 327 Posts
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    If the doc certifies that her inability to work in heat is related to her pregnancy, then pregnancy-related disability provisions might kick in, if applicable in your state. And if the doctor responds in the positive, you can begin the investigation on what is actually needed to keep this employee working - it might be something as simple as a box fan. I'd think there are all kinds of other things that could be done to "accommodate" a heat-sickness, at least on a temporary basis. I'd also suggest in this investigation trying to ascertain whether this employee *wants* to continue working through her pregnancy...
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    atrimble has good advice.......... Make whatever reasonable accommodations are necessary and if the heat continues to affect her, she might be convinced to resign and return post delivery.
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  • SystemSystem 5,885 Posts
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    Welcome to the Forum, rroberts!

    Pregnancy, even with complications, isn't normally an ADA disability. If so, you'd have no duty to accommodate unless Fla.'s disability law requires it. All you need to do under federal law is give her the same type of help you'd give to an employee with a different medical condition. And FMLA leave.

    Good luck!

    James Sokolowski
    HRhero.com
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