Test your HR knowledge: The rules on pregnant employees
December 28, 2009 by Jim GiulianoPosted in: Employment law, FMLA, In this week's e-newsletter, Latest News & Views
The Family and Medical Leave Act has some special rules dealing with pregnant employees. Test your knowledge of those rules by taking this quick quiz.
(Answers below)
Answer True or False
1. Pregnant employees must begin taking FMLA leave not later than 30 days before their due date.
2. If you decide a pregnant employee cannot continue in her job because her condition presents a safety hazard to herself and others, you must have a doctor’s approval before you can prevent the employee from doing the job.
3. If you decide a pregnant employee is physically unable to perform the major tasks of a job (for instance, lifting or climbing), the law states you must provide that employee with another job that is less strenuous but carries the same pay and benefits.
Answers:
1. False. There is no set time period when a pregnant employee must begin taking FMLA leave. Generally, leave commences at a date of the employee’s choosing. The law does mention that, when able, employees should give their employer at least 30 days’ notice of the intent to take leave, but that time period is just a recommendation and doesn’t apply to all situations..
2. False. A supervisor or other member of management can make the call on whether a pregnant employee presents a safety hazard. A doctor’s agreement isn’t needed.
3. False. Under federal disability regs, you are only required to make a reasonable and practical effort to provide an alternative position, but not necessarily at the same pay. In some states, if the employee is unable to do the job, she’s eligible for short-term disability payments.
Tags: Family and Medical Leave Act, FMLA, pregnant employees
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