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Employee PDL protected? California

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  • Employee PDL protected? California

    Hello Everyone,

    I have an employee who we hired October 1. She notified us in the beginning of December that she is pregnant. She has called in sick twice now within the past two weeks; first one she had a headache and second one (today) she has a bad cold. (I have a bad cold too today so I'm not too sympathetic to her...)

    I know she's not protected by FMLA but is with PDL. Do those two time she's called in sick qualify as PDL? Can I ask her to have her doctor certify her as PDL? Or can we count those just absences, document and if she continues to call in sick with trivial illnesses like those two, let her go since she's not dependable?

    Thank you in advance..

  • #2
    Headaches and colds are not protected. Pretend this new employee was just like any other and treat those two days as you would anyone else. PDL only protects those who are of for pregnancy related disabilities, not every ailment and employee encounters after the stick turns pink.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Thank you for your response. What if she states that she would be able to work if she could take stuff like DayQuil but because she's pregnant she is limited to only Tylenol? That was the same excuse she claimed with the Headache... She actually brought up the pregnancy into this so I'm unsure what to do... I am keeping track of the dates but can I ask her to get a doctor's PDL certification that she cannot take medications that would enable her to work were she not pregnant? That way at least she knows she can't keep calling in sick for trivial stuff every week. Or would we be crossing some kind of a line?

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      • #4
        It is still not a pregnancy related disability. There are many reasons an employee may not take or be able to take OTC meds.

        If she mentions she is off for a pregnancy related disability, not for routine ailments from which anyone might suffer, ask for certification from the doctor.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          OK great thank you for the clarification!

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          • #6
            Agree, she needs to be off for a pregnancy related illness/disability for PDL to apply. (not for example headache, cold, earache.......)
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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