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Pregnancy not disclosed California

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  • Pregnancy not disclosed California

    I work for a small non-profit company less than 50 employees in CA. I recently hired a woman for a Direct Care position involving Adults with disabilities. She went to the drug screening and was clear. Completed her orientation describing the position to her in which she signed the job description, sent her for the PPD and physical. The clinic called and told me they would not complete the tests without her physicians authorization due to her pregnancy. She never mentioned the pregnancy or the discussion with the clinic, two days later she told her supervisor that she was pregnant and that both I and the hiring manager hired her knowing that she was. Not true as the position involves Adults with behavior issues she needs to be able to handle outbursts and kicking and screaming in which now we can't have her do because of fear to her and the safety of her child. Her supervisor gave her a pregnancy guideline policy stating that she will have accomodations. I feel this is deceitful on her part and want to know how I should handle it so not to violate PDL.

  • #2
    Please read the recent linked thread. The laws apply the same way here.

    http://www.laborlawtalk.com/showthread.php?t=281001
    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.

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    • #3
      I read the thread you linked and yes I understand that she does not have to disclose this, but for her not to when she knew the physical responsibilities of the position and that it would require her to physically help someone having a seizure or behavioral attack who would ultimately be kicking, biting, scratching or slapping I feel is a little different. Thank you for your quick response.

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      • #4
        The circumstances may be different. The law is the same.
        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.

        Comment


        • #5
          Has her doctor stated that the job is a risk to her health and safety? Or are you just assuming that? Unless she has restrictions from her doctor, there is nothing preventing her from performing her job duties. You are asking for serious trouble if you are trying to impose restrictions on her based on her pregnancy if there is no medical reason to do so.

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          • #6
            Have her get a note from her physician stating she is pregnant and she can complete the PPD and physical.

            Have her in her job to the fullest extent of her signed job discription. It is her choice and her right to put her impending pregnancy at risk. You are required to treat this employee just as you would any able-bodied employee up until such time as SHE REQUESTS reasonable accomodation. Don't jump the gun and decide she needs reasonable accomodation before she's even on the job!

            Get those requests from her in writing, perferred with a physician's back-up.

            Do your best to provide the reasonable accomodation when the employee requests reasonable accomodation. Reasonable accomodation does not require hirering a 2nd employee to assist with restraint, or creating a less-risk position for the employee, or moving her to a desk job if none is available.

            A reasonable accomodation may very well be forcing the employee to go out on pregnancy leave due to inability to perform primary functions of the job.

            And, this employee will not qualify for FMLA, and therefore their job will not be protected. Although I know California has trickier laws in this regard.

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            • #7
              Originally posted by VeterinaryGroup View Post
              And, this employee will not qualify for FMLA, and therefore their job will not be protected. Although I know California has trickier laws in this regard.
              "The California FEHA provides a job-protected leave for pregnancy disability (Gov. Code ยง 12945) for a period of up to four months, tied to the woman's disability, as certified by her medical provider. There is no eligibility period to take a pregnancy disability leave."

              http://www.fehc.ca.gov/act/default.asp
              While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.

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              • #8
                California employees can take up to 4 mos. of job protected leave for disability
                caused by pregnancy, childbirth, or related medical conditions (subject to medical
                certification that an actual disability exists) under the FEHA. A woman who works for a covered employer is eligible for pregnancy disability leave regardless of the length of time she has worked for the employer. Further, an employee does not have to work full-time in order to be eligible.

                Applies to employers with 5 or more employees but nonprofit religious associations
                or corporations aren't covered.
                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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