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Pregnancy and medical restrictions Florida

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  • Pregnancy and medical restrictions Florida

    1. Can we require that a pregnant employee provide a Dr. note to verify she is able to perform the functions of her job (i.e. if it entails heavy lifting or something)... or is that considered treating her differently (than say someone with a broken leg but is still able to do the work)?
    a) or can we ask but cannot take adverse action if she refuses to get a Dr. note?
    2. if we KNOW a pregnant ee's Dr. has said she cannot work around chemicals, pesticides, etc. but that's what her job entails... but she insists on working... do we have to continue to allow her to work (again, assuming she's actually performing the necessary functions)?
    Thanks in advance for your guidance

  • #2
    1. As long as you would require such a verification for other non-pregnant employees, yes you can. The best way is to provide a detailed description of the physical requirements of the position to the physician.

    2. You do not have to allow her to work in contradiction to her phsician's limitations. How DO you know that? That's your choice, not hers.

    Can she be temporarily reassigned to a position that does not require such handling of chemicals?

    Is your company subject to the FMLA and, if so, has she been employed with you long enough and worked the requisite number of hours in the last 12 months to qualify?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      No - not subject to FMLA. and no other option for working without chemicals (its pest control... that's all she does) My concern was that the orders from her Dr. are TO HER (not us)... (I see that different that like work comp light duty requirements). she's not requesting any type of leave or accommodation based on the medical advice (in fact does not want to compy with it)... so our only alternative would be to term her (if we in fact can 'force' her to comply). As a comparison though, if an employee with a broken leg was told he had to elevate his leg at work but didn't do so, I don't imagine we would 'force' him to comply. So I'm still nervous about if that's treating her different than a non-pregnant employee. It's just so 'severe' since it's chemicals and a baby... I guess we just hate this decision more than usual. (otherwise, if they don't want to follow Dr. orders... that's their problem! Wonder if there's a loophole as an OSHA issue of some sort? Just a thought. Thanks for your reply.


      • #4
        I would do as I suggested before and get it from her doctor to YOU regarding the requirements of the position, including the chemicals issue.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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