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Pregnancy/return to work California

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  • Pregnancy/return to work California

    Our company has an employee who worked full time in a position starting Oct 2010. In January 2011, HR was notified the employee would need to go on bed rest short term, then return to work on a part time schedule due to her pregnancy (which was the first time HR was notified of the employee being pregnant). The request was accomodated and the employee was provided paperwork for state and company paid disability. Shortly after returning to work on a part time basis, the employee was put on complete bad rest until the birth of her child. The employee has since been off work approximately 28 weeks. The customer allowed our company to hire a temp for the position. The customer is now asking how long our company plans to hold the position availible and keep the temp in the position. For other reasons, should our employee not return, we will need to hire another person for the position since the temp will not be able to tak the position full time. Our customer would like to get the position permanently filled ASAP.

    What are our requirements as a company to return the original employee to the position at this point? From my understanding, she does not qualify for FMLA leave of 12 weeks due to not having worked for the company for 1 year or 1250 hours.

  • #2
    She doesn't qualify for job protected FMLA or CFRA. PDL (Pregnancy Disability
    Leave) is up to 4 months of job protection. After that, her job is no longer
    protected.
    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

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      You have long since met any obligation to hold the position. From here it is a business decision. What can you afford to do? You are also setting somewhat of a precedent so you will wan to consider not just what you want to do for this one employee but what you can afford to do in the future.

      What I would do is talk to the employee and find out when she is due/ delivered and when she plans to return. Typical is 6-8 weeks after giving birth as far as being medically cleared. If you can hold out until she is cleared to return, do so. If not, then fill the position.

      Going forward you may want to develop a policy for those who require medical leave but have been with you less than one year.
      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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      • #4
        Our customer would like to get the position permanently filled ASAP. Then by all means do so. (I take it your a staffing agency or something similar.)

        If the employee wasn't eligible for FMLA and has exhausted all other maternity leave she may be entitled to under CA law, your obligation is met. Fill the position with the client and if your employee is interested in returning to work after she's released by her doctor, you can place her with another client at such time as suitable work is available.

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        • #5
          The bottom line is since she no longer has any job protected leave, you can
          handle in the way that is best for "you" (the employer).
          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

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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