Pregnant ee

GLC · June 2005

We have an ee who is 4 months pregnant. Her doc recently put her on bedrest but on the note did not put her return to work date. I gave her the FMLA forms, but she has not returned them. Apparently, she told her supv, and some of her clients that she was quitting but wanted to use the remainder of her 230 hours of sick time first because she felt they were her hours to take. My question is this...Can I call the doc and relay the info. about her wanting to quit because her supv and I suspect that she is telling her doc that she is extra sick, probably more than the typical morning sickness so she can be off work. Can I ask the doc for a RTW date because I do not have the FMLA forms back?

deniseE · June 2005

The best way to handle this is to encourage her to return the FMLA forms...give her ample opportunity and reminders...all well documented...If she fails to return the forms...then follow your attendance policy.

You should never contact a doctor directly seeking additional information about a diagnosis...nor should you provide the dr. with information received through the employee grapevine..

pork1 · June 2005

I agree, the reality that a pregnancy is treated no differently than a broken leg is the facts, so be consistent. Remember it is the responsibility of the ee to apply for FMLA, it is the companies' responsibility to provide the opportunity and guidance on the FMLA. Make sure you have the copy of the signature where she received the FMLA policy and application for FMLA. From this point, the employer has got to figure out your company needs to become more deeply involved based on your social concerns for employees.

We wish you well in your efforts!

PORK

LivindonSouth · June 2005

You're looking at two separate situations. One is FMLA and the other is your 'sick leave' policy. I would assume that she can indeed take whatever sick leave she has banked if she is off sick. Regarding the FMLA, you have the option of going ahead and putting her on FMLA, since you are certain her medical situation is FMLA qualifying, or you can require the paperwork. I would certainly steer clear, however, of terminating an employee whom I knew to be pregnant and knew to be eligible for FMLA. If you know with reasonable certainty that the absence is FMLA qualifying, you'd be unwise to terminate.

What she 'apparently' told someone and what you 'suspect she told the doctor' are not really relevant at all.

marc · June 2005

In order to use the full 12 weeks granted by the FMLA, the EE must have the intent to return to work, but you are ahead of the game at this point. As LivinDon pointed out, there are,no doubt, leave banks to utilize that are available to this EE regardless of FML.

I would go ahead and grant the FML status - I would not even make it provisional because you do have the Dr.'s note - since she is 4 months pregnant, and you think she won't return to work, you only have 12 more weeks to go before you can pull the trigger on a permanent replacement - unless your state law grants additional medical leave or unless your company policy allows for more leave.

jrzgrl · June 2005

I agree with marc. The EE has 15 days from the date of receipt of your FMLA paperwork to return them to you. At that point you can start counting down the FMLA clock even without a start date or any paperwork turned in since she's already gone out. Certainly continue encouraging the return of all paperwork and information, but make sure you notify her that the FMLA clock has started.

lhill · June 2005

I agree about putting this ee on FML. At the end of the leave if she doesn't return to work you may be able to avoid an unemployment claim.

LindaS · June 2005

At this point, even though you do not have the actual FMLA paperwork, you do have enough information to start the FMLA clock running. Notify her of the fact that her FMLA clock has started as well as how much leave she has available. If you have a policy that required periodic updates when an EE is out of work, follow that. If you do not receive any updates, then follow your attendance policy.

VS · June 2005

In the BLR FMLA manual, a "Practice Tip Regarding Pregnancy" is provided which states: Many courts have noted that pregnancy-related conditions are treasted differently under the FMLA than other medical conditions, and have declined to require employees to provide medical documentation that morning-sickness and other pregnancy-related conditions are incapacitating." It goes on to state that "employers facing requests for leave from pregnant employees should not deny leave if the employee refuses to provide a medical certification'.

I could not find anything in the Regs to this point; however, I thought I would pass this bit of information along and each of you can be the judge as to its applicability in your circumstances.

Pregnant ee

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