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Policy Check Up
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Policy Check Up
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Policy Check Up:
From time to time, situations arise that just don't fit neatly into existing policies and procedures and for which there is not precedence, to my knowledge, on record.
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Forums » Topic Forums » Legal Forum » Policy Check Up
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Policy Check Up
posted at 8/4/2011 6:33 AM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
Policy Check Up:
From time to time, situations arise that just don't fit neatly into existing policies and procedures and for which there is not precedence, to my knowledge, on record. We have an employee who started in January of this year. She does not qualify for FMLA. She is pregnant. She has been ordered on bed rest for pre-term labor (at this time, I do not know the due date). Our policies do provide 6 weeks unpaid maternity leave for those who do not fall under FMLA. We have had others use this in the past, however, it was 6 weeks from the birth of the child. We continue to pay for health insurance during this time. My research results indicate that MS has no state maternity law. Federal law (aside from FMLA) is the Pregnancy Discrimination Act. My understanding of this is that you cannot treat a pregnant employee differently than you would any other employee on medical or disability leave. Well, in fact we do treat them differently, but to their favor as we allow them the 6 weeks post-delivery w/ paid insurance. Other employees who do not qualify for FMLA say you have surgery and will be out for weeks must comply with this policy: Employees needing medical leave who have not met the 12 month/1250 hours eligibility requirements for Family Medical Leave may submit, in writing and with medical documentation, a request for up to 6 weeks of leave without pay to the Executive Director. If medical leave without pay is granted, the employee will be responsible for payment of their health insurance premiums during the leave period. I am conferring with our management staff, but thought I'd throw it out there for your input. |
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Policy Check Up
posted at 8/4/2011 8:45 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Your seem to understand the facts and the law, what exactly is the question you wish us to consider?
You can probably give her as much unpaid leave as is warranted for any temporarily disabled employee. You should be careful about setting a precedent regarding paying for the health insurance for more than the 6 weeks. She probably has job protection rights for some of this period depending on how much unpaid leave you grant. I would be talking with a knowledgeable Labor attorney before preceeding. |
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Policy Check Up
posted at 8/4/2011 9:18 AM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
"What question do you wish to consider?"
As an HR department of one, I sometimes need more HR eyes looking at the facts and laws and policies to spot red flags. I would have a lawyer look at EVERYTHING if I had my way, but managment is not keen on that at all. You raise a good point about how long to pay for insurance. I suspect this will prompt some fine-tuning of policies, but we need to deal with this issue right now. I'm thinking we apply the "Not eleigible for FMLA" policy as written - we would not be treating the employee any different because she was pregnant. |
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Policy Check Up
posted at 8/4/2011 9:31 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Probably a good approach.
But before you do, consider what you will do if you have one of your key, male employees, who has an automobile accident and will not return to work for 3 months. As long as you treat this woman as well as you would this man then you are probably ok. |
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