Human Resource Blog

Pregnant worker wanting to return to work

I just found out that a pregnant employee was instructed by her physician to take off until further notice due to complications of her pregnancy. She does not wish to follow his instructions. What is the liability to an employer that allows her to not follow doctor instructions knowing that the doctor instructed her not to be here?

There is extreme liability here for the employer. If the employee loses her baby, or her health suffers due to working, then you as the employer could be liable for that. This could be a multi-million-dollar lawsuit.

You should immediately stop this employee from working (even in the middle of a shift if necessary) and not permit her to return to work until she can provide a note from her doctor, releasing her to perform her usual duties.

An employer cannot routinely require a doctors release for every pregnant employee, especially early in the pregnancy. Most women are completely healthy and able to perform their normal duties early in the pregnancy. However, the employer can and should require a fitness for duty release from any employee when the employer has reason to suspect the employee is not fit for duty.

You should never allow an employee to work against doctors orders. For one thing, if the employee is injured or suffers complications, those become work-related injuries and you must pay the medical expenses under workers comp. This employee does not have to take care of herself and her baby — there is no law that requires that. However, you should not take on the liability of allowing her to work without her doctors permission.