Employer LOA Policy & Physician's Recommendation

[sgatch]

My wife's employer is exempt from the Familiy Medical Leave Act because
it employees less than 50 employees. She lives and works in Illinois.

Her employeer's Leave of Absence policy is very general and applies to every
type of leave (personal, medical, etc.) without differentiation. The policy allows
for 30 days of leave. If an employee does not return within these 30 days, it is
considered a voluntary termination of employment.

Our problem is ... her OBGYN will not "release" her to work until 6 weeks (45 days)
after childbirth .... and this is in direct conflict with her employer's policy.

Help? Is she protected by anything? Parental Leave Act, etc?? Is the employer
in any way bound to the doctor's recommendation? If not ... is there a possible
discrimination case?? While I hate to go this route ... her employer's culture is
extremely insensitive to her situation ... and we are left questioning her rights.

 

[Michael Wechsler]

I'm not sure of the answer to this question as it would seem that the employer is not within the qulaifications for FLMA, federal law. I am unaware of any state law that would provide such protection. You may want to contact your state department of labor:

230 S. Dearborn St., Room 412
Chicago, IL60604-1595
ph: (312) 353-8145
fax: (312) 353-2327

509 West Capitol Ave., Suite 205
Springfield, IL 62704-1929
ph: (217) 492-4060
fax: (217) 492-4910

They may be of greater assistance. With regard to a case for discrimination, that is difficult to say when you are talking about a leave of just about 7 weeks. Do they make it a practice to terminate pregnant women? Does the time period in which she may be out significantly and materially affect their ability to do business? I would think that these are issues that may be considered if there is no protection for the length of this leave.