I really need a second opinion.

First, the background:
Located in Tennessee
135 employees
Employee employed for only 6 months (not eligible for FMLA)
Employee now 12 weeks pregnant
OB/Gyn has restricted her to lifting or pulling less than 15 pounds
She is an LPN at a nursing home
Her job description requires the be "able to push, pull, move and/or lift a MINIMUM of 25 pounds". And "must be able to evacuate residents in an emergency situation"
We do not accomidate light duty, unless it is work related and it is a return to work situation.
My stance is that we can not accomidate her lifting restrictions, because pushing/pulling a medicine cart is an essential part of her duties and that is done about 60% of her day.
Second, in an emergency situation her restrictions my put a resident at risk.

She refuses to take leave and states that we are going to have to fire her.

What do you think?

Noma

No laws require that you implement any accommodations due to a temporary disability. You only have to consider reasonable accommodations when it's an ADA situation and that does not include pregnancy.

Under the Pregnancy Disability Act, you're only required to treat her in the same manner as you would any other similarly situated employee. So if you had another LPN who had only been there 6 months who had similar temporary restrictions, what would you do? Since she's not FMLA eligible, you don't have to offer her any leave at all, unless you have a leave policy that's more generous than the FMLA. If that's the case, what's the maximum amount of leave she would be eligible for under your policy?

If she's not entitled to any leave under your policy, then I'd terminate her employment due to her inability to do the job.

Pregnancy is not considered a disability under the ADA, which means that a reasonable accomodation is not required.

Since she is not eligible for FMLA, if you have an open position within her restrictions or are able to modify her job within her restrictions, you shouild transfer her or make the modifications. If you don't or can't, do whatever you would do if someone had a non-maternity medical condition that you could not accomodate. If that means firing her, fire her.

And what do you mean, she refuses to take leave? It's not her choice to take leave or not.

The employee stated that "she refused to take leave or quit" and that I would have to "fire' her.

She is convinced that we are being unfair and I am not sure why. She is a good employee and I would prefer that she stay and work, but we have other pregnant women who are Aides and we have to be consistent. She seems to think that since she is a LPN we should be a little more "flexiable" with her.

Ultimately, she quit at the end of the day.

Thanks for your reassurance!

Noma