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thubbard
02-29-2008, 09:14 AM
I work for a small company (less than 40 employees) in GA. I am currently handling the company's first case of preganancy. I am somewhat new to the HR field, and I am wondering how to manage this matter.

I know that we do not have FMLA because of employee size. The company has agreed to grant the employee six-weeks leave for the birth of the child. This time will be covered under our STD policy.

Here are the questions that I have:
1. Is there any paperwork that I should provide to this employee? Should I have some records for the company?
2. Our STD policy will cover the employee for up to 13 weeks. If the company has alloted for six, can the employee stay out longer?
3. How long after the six weeks are we obligated to hold her position?

Thanks for the much-needed help.:)

Betty3
03-01-2008, 05:11 PM
If you have at least 15 employees, the Pregnancy Discrimination Act would apply and you have to treat her as you would any other employee in a "similar" situation. You have to treat her pregnancy as you would any other worker with a temporary disability - for example a worker with a broken leg or heart attack. How ever much leave you would allow them you have to allow her for child birth. (whether it be up to 6 weeks, 9 weeks, 13 weeks, etc.)

You have to hold her job as long as you would hold another employee's job who is out on medical leave for any medical condition. Since FMLA doesn't apply, no employee's job is protected for any length of time. You don't have to hold her position or any employee's position for any length of time. Their job doesn't have to be held just because they are on STD. It's according to how much time the employer wants to give the employees.

Re the paperwork, I never worked with the filling out of STD requests but you/she would fill out whatever paperwork is normally filled out when someone is going on STD. Someone else may come along & add to that.

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