Can I Tell A Pregnant Employee When To Think About A Leave of Absence?
Daisy, an employee at Superior Pizza, was seven months pregnant. Despite the physical changes due to her pregnancy, she kept up with her work schedule and continued to perform the essential functions of her position.
Her manager, Pete, recently noticed Daisy was having difficulty reaching some items in the prep area. Rather than ask for assistance, she started using a step stool to access the hard-to-reach items.
Pete became concerned after seeing Daisy balancing herself on the stool while reaching for a pizza pan. He was afraid she would lose her balance and fall—potentially harming herself and her unborn child. When Daisy got down from the stool, Pete asked, “Don’t you think your belly is getting too big to continue working? You should start thinking about taking a leave of absence.”
Daisy didn’t respond, and Pete assumed she would take his recommendation to heart. To prepare for what he believed would be Daisy’s impending leave request, he called an HR Expert to ask for guidance about providing an employee with pregnancy leave.
During the conversation, he mentioned the statement he made to Daisy. The HR Expert told him that, despite his concern for Daisy’s well-being, if she is not requesting a leave of absence, he cannot require her to go out on pregnancy leave before she is ready.
After speaking with the HR Expert, Pete called Daisy into his office and apologized for making his earlier statement. He reassured her that he was happy with her performance and willing to make reasonable accommodations so she could continue working during her pregnancy.
The Takeaway
In this situation, the manager’s comment was technically unlawful and discriminatory under state and federal laws. When a mistake like this occurs, it is important to take immediate steps to rectify the situation with the employee. If you make a mistake of this nature, be sure the employee understands that the company will not discriminate against or treat pregnant employees any differently just because of their pregnancy.
Reach out to your FrankAdvice HR Consultant when you first learn an employee is pregnant, so you are prepared to properly handle situations as they arise, stay in compliance with the law, and mitigate your risk of a pregnancy discrimination lawsuit.