Terminate Part-Time Pregnant Worker

[tvaughn]

What is the name of your state (only U.S. law)?
Pennsylvania
We are the employer and would like to terminate a part-time employee who has become unreliable due to calling off sick. She is also pregnant. Our plan is to replace her with a full-time temp, which is needed at this time due to fulfill production orders. The employee does not have the hours to be covered under FMLA. Do you foresee and legal concerns with this termination? Thank you.

 

[TinkerBelleLuvr]

You cannot terminate a worker only because they are pregnant. But, you can terminate a worker who is unreliable. Has she been warned?

 

[tvaughn]

She received a verbal warning in November and a Written warning in December for attendance. All employees attendance occurrences zero out/start over January 1st - so far this year she has called off one day of the 7 total work days sick.

 

[ecmst12]

Do you normally give employees a true fresh start in January or do you normally carry discipline over to the next year? If in the past you have given the fresh start, it could look like you are being harder on the pregnant employee then on other non-pregnant employees.