Pregnancy and New hire
goneal
24 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 04-19-04 AT 10:13AM (CST)[/font][br][br]HELP!!!
Here is the situation. New hire informed us at time of orientation that she was now pregnant and is considered a "high risk" patient which will require additional doctor visits, etc. We were willing to work with this. However, she began work and worked only three days. She is having nausea and her doctor has sent a letter advising that her complications are unpredictable and could last a few weeks or throughout the pregnancy. Aaccording to her physician, the employee is requesting to stop working until this subsides and would like to return to work once this is accomplished or after she delivers the baby (due in December).
She does not qualify for FMLA and, of course, has not accrued any PTO since she only worked three days.
Question: Can we terminate her since she is unable to do job she was hired for; or should we offer to hold position until she recovers and is able to fulfill the job requirements; or can we terminate and suggest that she may reapply after she recovers?
I need answer ASAP.
Thanks in advance.
Here is the situation. New hire informed us at time of orientation that she was now pregnant and is considered a "high risk" patient which will require additional doctor visits, etc. We were willing to work with this. However, she began work and worked only three days. She is having nausea and her doctor has sent a letter advising that her complications are unpredictable and could last a few weeks or throughout the pregnancy. Aaccording to her physician, the employee is requesting to stop working until this subsides and would like to return to work once this is accomplished or after she delivers the baby (due in December).
She does not qualify for FMLA and, of course, has not accrued any PTO since she only worked three days.
Question: Can we terminate her since she is unable to do job she was hired for; or should we offer to hold position until she recovers and is able to fulfill the job requirements; or can we terminate and suggest that she may reapply after she recovers?
I need answer ASAP.
Thanks in advance.
Comments
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]
You must treat Pregnancy the same as any other condition. Seeing how she is entitled to 0 benefits, I would suggest the terminate / re-apply when medically cleared. In saying this, I have the sense that she was not totally honest with you when she was hired, however, even if she told you, you could not use that as the sole means of denying her the position. Cheers,