Question:

I work in a H.R. department for a Chicago area company. We have a full time employee who is currently unable to fulfill many of her responsibilities. My company is looking to offer the employee an alternative position for the duration of her pregnancy. If the employee refuses the position we offer, what options do we have?

Any suggestions?

Thanks!

Are you as the employer subject to FMLA? If so, is the employee eligible?

Our company is subject to FMLA and the employee is eligible. We would definately hold her position, but we would like to try and offer her a comparable position that would require less phyisical activity. If she does not want that position, what can we do?

Would you do the same for a nonpregnant employee with the same restrictions? Are you looking to temporarily "transfer" her or just provide light duty? Have you sent her for a "fitness for duty" evaluation? Has her doctor indicated that she has certain restrictions?

As long as the employee had proper documentation, we would offer an alternative position for any employee who was dealing with a short term disability.

The transfer was just going to be temporary. Our employees work alone and to ensure that the work is getting done, we are needing to over staff. We wanted to offer her a position at our corp. office doing customer service work.

She has provided doctor's note indicating what she can and can not do. Because she has supplied documentation, we have not sent her for a "fitness for duty" evaluation.

If she is unable to perform all the required duties of her job due to medical restrictions, you certainly are free to offer her an alternative position for the duration of her pregnancy. If she refuses, then your next step would be to place her on FMLA and after 12 weeks, you could terminate her employment (assuming your company doesn't provide additonal leave time.)

You'd be doing her a favor by offering her this other position. If she doesn't want to take that job, then explain what her other option is regarding available leave. You do not have to keep her on a job she can't perform for the coming months, assuming you're not treating her any differently than any other employee with work restrictions of a similar duration.