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Wife pregnant

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What is the name of your state? NY

My wife is pregnant with our second child.

After giving birth to first- she was allowed to tele-commute from home. She still retains all of responsibilities that she had when she was going into the office full time. Currently, she goes in occasionally. I want to be clear on this, however. She maintains all of the responsibilities that she had when working at the office, however, she now has re-arranged her schedule to accomplish non-time-sensitive tasks after normal office hours- when I am home and can take care of our daughter. This arrangement has worked out successfully and she has performed satisfactorily.

Approximately seven months after "coming back" from first maternity leave (i.e. beginning to tele-commute,) she was asked to come back, physically, into the office full time. We discussed and responded that she would prefer not to. The Company withdrew the request and she has continued to tele-commute.

My question is this: Once our second child is born, given this history, can the Company legally REQUIRE her to discontinue her tele-commuting and come back to work at their location?


Senior Member
(a) congratulations. (b) sure, why not?

Sounds like so far they've decided to be flexible with your wife's working arrangement presumably because they value her abilities and contributions. If at some point in the future they decide that they want/need her to work from the office and not from home, that's up to them.

There's nothing in your post that would suggest that such a decision would be made to penalize her for taking FMLA or having another baby. If they make the decision to elimimate her telecommuting options due to business reasons, they can do that. She is afforded no protections under the law for decisions that would have otherwise been made regardless of FMLA leave or pregnancy.

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