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Started By
Message
OT Lawyers, regarding the workplace.
Posted on 9/28/15 at 1:01 pm
Posted on 9/28/15 at 1:01 pm
Can an employer force an employee to take FMLA?
Long story short. Involves pregnancy, cleared by doctors to continue working, employer places employee on FMLA anyway. Legal?
Thanks.
Long story short. Involves pregnancy, cleared by doctors to continue working, employer places employee on FMLA anyway. Legal?
Thanks.
4
Posted on 9/28/15 at 1:02 pm to TheBob
It's job protected leave, why wouldn't the person want to take it?
Posted on 9/28/15 at 1:03 pm to toosleaux
quote:
why wouldn't the person want to take it?
its unpaid leave
Posted on 9/28/15 at 1:03 pm to toosleaux
quote:
It's job protected leave, why wouldn't the person want to take it?
You don't get paid do you?
Posted on 9/28/15 at 1:03 pm to TheBob
quote:
Long story short. Involves pregnancy, cleared by doctors to continue working, employer places employee on FMLA anyway.
More information needed...make short story, longer. What is the job? How familiar are the doctors with the job tasks and the work environment. If the employer believed that the employee and/or fetus are at risk by working, then they are within their rights to prevent the employee from working until after the baby is born.
Posted on 9/28/15 at 1:04 pm to toosleaux
quote:
It's job protected leave, why wouldn't the person want to take it?
You can't think of one reason why someone would try to stay on the job? Not one at all?
Posted on 9/28/15 at 1:08 pm to madmaxvol
quote:
If the employer believed that the employee and/or fetus are at risk by working, then they are within their rights to prevent the employee from working until after the baby is born.
You sure about that?
I can't imagine an employer going against a written doctor's opinion. way too much liability. That is just asking for unnecessary legal issues.
Posted on 9/28/15 at 1:09 pm to madmaxvol
Office Job, not sure how familiar doctor is with day to day tasks. Employer has been placing more stress on pregnant employee by loading her up with more work than normal due to the employer personally disliking the employee.
Shouldn't this be considered discrimination under this?
Louisiana
Pregnancy Discrimination
Louisiana law prohibits employment discrimination on the basis of an employee's pregnancy, childbirth, or related medical condition. The law applies to all employers with twenty-five or more employees within Louisiana.
La. Rev. Stat. § 23:342.
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must provide female employees affected by pregnancy, childbirth, or related medical conditions the same benefits or privileges of employment that are granted to temporarily disabled employees, including leave benefits and transfers to less strenuous or hazardous positions. An employer must grant a request for a temporary job transfer so long as it can be reasonably accommodated.
Employers must also allow employees to take pregnancy-related leave for as long as they are disabled on account of pregnancy, childbirth, or related medical condition, up to four months. This applies to all employers with twenty-five or more employees within Louisiana.
La. Rev. Stat. §§ 23:341-342.
Shouldn't this be considered discrimination under this?
Louisiana
Pregnancy Discrimination
Louisiana law prohibits employment discrimination on the basis of an employee's pregnancy, childbirth, or related medical condition. The law applies to all employers with twenty-five or more employees within Louisiana.
La. Rev. Stat. § 23:342.
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must provide female employees affected by pregnancy, childbirth, or related medical conditions the same benefits or privileges of employment that are granted to temporarily disabled employees, including leave benefits and transfers to less strenuous or hazardous positions. An employer must grant a request for a temporary job transfer so long as it can be reasonably accommodated.
Employers must also allow employees to take pregnancy-related leave for as long as they are disabled on account of pregnancy, childbirth, or related medical condition, up to four months. This applies to all employers with twenty-five or more employees within Louisiana.
La. Rev. Stat. §§ 23:341-342.
Posted on 9/28/15 at 1:43 pm to TheBob
Possible pregnancy discrimination. Title VII of the Civil Rights Act covers that. Call a lawyer if you're serious.
Posted on 9/28/15 at 1:43 pm to Pax Regis
Working on it now, thanks. Was thinking the same.
Posted on 9/28/15 at 1:46 pm to TheBob
Were there any restrictions placed on the employee returning to work, and could those restrictions prevent her from doing her job. Also, could be that the company does not want a worker's compensation claim in the event that there is an injury related to the pregnancy.
Posted on 9/28/15 at 1:48 pm to poule deau
No, it's not unpaid leave. FMLA simply protects your job until you get back, but you DO NOT get paid while on FMLA.
Posted on 9/28/15 at 2:03 pm to Perrydawg
The employees was supposed to go back tomorrow after getting the doctor's okay, but received a letter today saying she was put on FMLA and cannot return to work.
Posted on 9/28/15 at 2:03 pm to Bucktail1
Mostly correct, but if you have regular leave available while taking FMLA, you do get paid for FMLA leave. 
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