Pregnancy leave: Manager dos and don’ts
August 25, 2008 by Bill MeltzerPosted in: Disability, Family and Medical Leave Act, In this week's e-newsletter, Latest News & Views
The way that Benefits, HR and supervisors handle these three issues can make all the difference between smooth sailing and a messy lawsuit.
- Let employee set administrative wheels in motion. Let the employee break the news of her pregnancy to management. Never broach the subject first. Reason: There are still potential discrimination issues that can arise even if supervisors have the training and common sense to handle the issue privately and discreetly.
- Review benefits early in the process. Shortly after management is informed of the pregnancy, Benefits/HR should sit down with the employee to make sure she’s clear on your organization’s pregnancy-related benefits (including standard unpaid FMLA) and return-to-work policies.
- Follow doctor recommendations to the letter. If an employee’s ability to physically perform her job is affected by her pregnancy, it is up to her to provide written instructions from her doctor. Legally, employers are expected to carefully follow the doctor’s directions on how long the employee can work, her physical limitations, and necessary time off during the pregnancy.
Tags: FMLA, pregnancy leave

August 29th, 2008 at 10:57 am
Why would we treat this person differently than say, the guy that needed hip replacement surgery? If they do not qualify under FMLA, they qualify under the company’s emergency time off policy that grants the amount of time based on tenure. Any time off is treated the same as any other employee.
August 29th, 2008 at 3:36 pm
You must not be in California! Pregnancy leaves can span three different types of leave. The first being Pregnancy Disability Leave (PDL). PDL is four months of protected leave due to pregnancy disability. It runs concurrent with FMLA, but if you are pregnant, you qualify, regardless of whether you would normally meet FMLA eligibility. When PDL is exhausted, then CFRA kicks in if they are eligible (the state’s version of FMLA). Technically, someone could be out on protected leave for up to seven (7) months related to pregnancy.
March 28th, 2009 at 5:11 am
I think follow doctor recommendations are better.