Human Resource Blog

Pregnancy and Absenteeism: Is it Okay to Fire?

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One of our managers in our Minnesota branch wants to fire an employee for absenteeism. The only problem is that the employee is pregnant and claims that the absences are due to pregnancy illness. How should we proceed in such a situation?

According to the Pregnancy Discrimination Act (PDA), which is a federal Act, you should treat the pregnant employee just like any other employee within your company. This is an act that is the same for all states, so it doesn’t matter whether your employee is part of your Minnesota office or part of an office in any other state.

The PDA works both ways for employees and employers. The Act states that while a business should not discriminate against an employee for pregnancy, the employer should also not hold the employee to different standards.

Keep in mind that there are some situations where a pregnant woman will be so ill that she cannot come to work on a normal schedule, as she could prior to the pregnancy. However, as an employer, even if the employee has a track record of always be in the office and being on time, you cannot under any circumstances make special rules for her. You can, however, inform her about the Family Medical Leave Act (FMLA).

The FMLA is a federal act that makes it possible for employees to take time off of work either to take care of their own illness or to tend to a family member’s illness. Many pregnant patients that have been sick while pregnant will enact their FMLA rights in order to take days off when they are sick prior to giving birth. Sometimes these days off are paid while other times they are unpaid.

When an employee wishes to take days off as part of her FMLA rights, it is important to let the employee know what the company’s policy is regarding FMLA days. In many cases, the employee will be required to notify the employer prior to taking the days off or immediately when she knows that she is going to need time off. However, it is up to the employer to seek proof that the employee is sick, such as a doctor’s note. As such, you may want to inform your pregnant patient about FMLA regulations, which could help to determine the days that she can take off of work.