Need advice please:
Small company, way less than 50 employees, so no FMLA. We had an employee become pregnant. We had agreed when she had the baby that she would receive 3 weeks of paid leave. It was a late in life pregnancy and a very difficult one. Her doctor put on her bed rest around mid-June. She delivered on July 19th. It was Caesearean, so a longer recovery period was expected. We are a small, family company who takes care of their employees, so she has been paid this whole time, obviously going above and beyond any legal requirement. Today she sent me a copy of a doctor note-he has delayed her RTW to September 19th.
I just can't see doing that, at least not at full salary. I'm not concerned about terminating her, as FMLA doesn't apply and I can't see anyone calling three months of leave a reasonable accommodation for a company our size. I really don't want to terminate though. I want her to return to work. My concern is if we tell her we are terminating her, and she gets her doctor to let her return to work earlier, can we then be liable for any injury or complication?