Temp receptionist ...

[yolandanewell]

What is the name of your state? CA

Our full time receptionist was teetering on the verge of being released from her duties due to poor performance when she discovered that she was pregnant (at nearly 6 months along she told us).... considering the sensitive position our company was placed into with her medical condition a decision was made to allow her to stay with the hopes that her pregnancy and personal issues were causing her lack of performance. She went onto mat leave last friday and we had already had a temp in place training with her prior to her going. She had the baby just this past sunday - our problem is that her temporary replacement is AMAZING!!!! She is EXACTLY the type of employee that we have needed in that position.

Is it legal to not allow our other receptionist back? We can create another position for her if that is needed

 

[mitousmom]

I'm assuming that your pregnant receptionist went on maternity leave with the expectation that she would return to her job. Therefore, she needs to return to her job. If you had informed her of her performance problems before you were aware of her pregnancy and maternity leave, you can continue to assess her performance as a receptionist and take appropriate action if her performance doesn't meet your expectations.

You will have to explain "the sensitive position our company was placed into with her medical condition" that prevented you from continuing to address her performance issues before she went on maternity leave.

You can create another position for her? Is the position something that your company needs? Do you think that she can satisfactorily perform the duties? You can always offer her a promotion with considerably more pay. I suspect she may accept it. However, such a action coupled with the other information provided makes me question the competence of management.

 

[COlandlord]

Not necessarily true....how long has she worked for you and how many employees do you have?

 

[mitousmom]

My response was not based on FMLA, but on the federal Title VII of the Civil Rights Act and CA's equivalent EEO law. FMLA might also apply.

 

[Beth3]

Since you held off addressing her performance issues because she was pregnant (which was a bad idea), now you may well be stuck with her for a while.

You need to advise us whether the FMLA applies and how many employees you have. Also, did you have any discussions with her prior to her leave regarding her poor job performance?

 

[yolandanewell]

Thank you for the replies

Since you held off addressing her performance issues because she was pregnant (which was a bad idea), now you may well be stuck with her for a while.


You need to advise us whether the FMLA applies and how many employees you have. Also, did you have any discussions with her prior to her leave regarding her poor job performance?

Just to clarify we had discussed her performance issues several times prior to our finding out about her condition - it was sadly lacking - and it was more of a difficulty to release her post discovery due to our failing to adhere to the fact that she'd already been written up - and allowed the fear of lash back and accusations of firing her because of the pregnancy. Big boo boo

I need to ask HR regarding FMLA and we have approximately 20 employees...

 

[ecmst12]

If you have less then 50 employees within 75 miles, then you are not covered under FMLA and don't have to worry about it.

 

[yolandanewell]

Appreciate

All of your help!