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Pregnant Employee

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MysticIce27

Junior Member
What is the name of your state (only U.S. law)? California

We have a pregnant employee who is unable to perform more than one of her job duties, but she refuses to go on maternity leave at the moment and it is causing us problems in covering her job. We have no position available to shift her to that would not strain her. Is there anything as an employer we can do to get her to take maternity leave?
 


pattytx

Senior Member
What would you do if you had a nonpregnant employee who temporarily could not perform their job function?

Does she qualify for FMLA/CFRA?
 

MysticIce27

Junior Member
Yes. Her reasoning for refusing is money issues. She wants to work as long as possible before getting reduced pay. Would happily give her the maternity leave now, if she would take it.

If she wasn't pregnant it would be could we force her to take disability leave until she was fully healed and could return to work.
 

ecmst12

Senior Member
You are required only to treat pregnant employees exactly the same way that you would treat a non-pregnant employee with a temporary disability.
 

pattytx

Senior Member
If she can't perform the job function as required, and you don't have a job for her with her restrictions, you can PUT her on FMLA, whether she likes it or not.
 

las365

Senior Member
If you don't have work that meets her restrictions, you don't.

This employee shouldn't be calling the shots, but you want to be sure that you don't inadvertently expose the company to a pregnancy discrimination claim. This is a situation in which it would be worth your while to pay for a consultation with an experienced employment law attorney to get advice on how to handle things in a way that protects your company. It would probably cost a few hundred dollars and would be well worth the money.
 

MysticIce27

Junior Member
Thanks! Will look into the consult and putting her on FMLA. We don't want to discriminate against her, but at the same time, she's unable to do her job and it's starting to cause quite a few issues. You've all been very helpful.
 

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