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Pregnancy in Pennsylvania

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  • Pregnancy in Pennsylvania

    I have browsed the forum and have a twist on the other similar posts. We have an employee who is 10 weeks pregnant and has been ordered to complete bedrest for the duration of her pregnancy. She has NOT been with the Firm for 1 year so does NOT qualify for FMLA. We do not have a written policy regarding handling of STD cases (as a matter of fact - all previous cases of STD occured after employees were eligible for FMLA and were handled under that). What are our options here? I know that pregnancy needs to be treated as any other STD - but what do others do? This is obviously a precedent setting scenario so we are trying to be thorough...

  • #2
    You shouldn't just look at other maternity cases, but other medical cases where the employee has not been there one year. Surely someone has been out for a medical reason before their first year anniversary.

    If truly no one has, then you need to look at what you can afford to do and what makes sense for your business. Unfortunately, no one here can tell you that. What works one place does not automatically makes sense for another.

    It doesn't make sense to offer more for those who are not under FMLA than for those under FMLA, but you are free to set up your policy as you choose. It may not be feasible to offer 7-8 months of leave, particularly to someone who has only been there a short time. I would suggest not looking at an individual case in coming up with a policy, but rather create the policy that makes sense for your business.
    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.


    • #3
      Other than the typical cold/flu type situation - no. We haven't had people out with situations that might count as STD (ie surgeries or other pregnancies). I guess that's what I'm trying to ask - do others have these policies and if so, what are they? I certainly am wary of setting precedent with one case and fully understand the danger in basing my future policy on one case. However, I'm just wondering if anyone can give me some baseline as to what their policies are...


      • #4
        One policy a former employer considered adopting was to grant 1 week of leave for each month of service. So, an employee with 6 months tenure when they went out would get a maximum of 6 weeks leave.

        My husband's employer only grants 30 days to those not qualifying for FMLA. My employer grants the full 12, though we have a union and are a public sector employer. We also have out own pool of substitutes so it isn't a huge burden when someone is out.
        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.


        • #5
          Remember that STD is NOT leave time; it is a form of income replacement WHILE you are on leave.

          The firm I am currently contracted to is so incredibly generous that it wouldn't make sense to add it to the mix. But a former employer allowed as much paid leave as the employee had available, then as much unpaid leave as would make six weeks. If the employee needed additional time after that, it was looked at on a case by case basis. (We never had a situation where the employee had more than six weeks paid leave available.)

          The above was what was available to employees not eligible for FMLA. An employee who was eligible for FMLA got the same except that they'd get as much unpaid leave as it took to get 12 weeks instead of six.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.