Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

February 13, 2017 0 COMMENTS

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists, adoring fans, and a slew of ex-girlfriends that he would never, ever tie the knot a second time. Apparently, George also had a change of heart about becoming a father (which he also swore he would never, ever do) because he and his wife announced last week that they are expecting twins.   Tired Parents Cuddling Twin Baby Daughters In Nursery

Among the rarified ranks of the world’s rich and famous, news of impending parenthood may prompt a full-time nanny search or, in the case of actresses who are expecting, some creative camera angles to conceal a growing baby bump. In the real world, however, the happy news that an employee is pregnant (or about to become a parent) can breed numerous HR challenges. To help you labor through this issue, here are a few tips for managing an employee’s burgeoning brood.

#1 – Do not discriminate 

Pregnant applicants or employees must be treated fairly and cannot be subjected to special scrutiny because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Under the Pregnancy Discrimination Act (PDA), the protection against pregnancy discrimination covers all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, and fringe benefits. As a result, an employer may not single out pregnant employees for special requirements when determining whether a pregnancy will impede the employee’s ability to do her job.

If an employee is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, you should treat her in the same way as you would treat any other temporarily disabled employee. For example, you may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if you do so for other temporarily disabled employees.

#2 – Accommodate pregnancy-related disabilities

Although most pregnancies do not implicate the Americans with Disabilities Act (ADA), some impairments resulting from pregnancy (for example, gestational diabetes or preeclampsia) may qualify as disabilities under the ADA. An employer must provide a reasonable accommodation (such as leave or modifications that enable an employee to perform her job) for a disability related to pregnancy, unless the employer can show that providing the accommodation would pose an undue hardship (i.e., significant difficulty or expense). Keep in mind that the 2008 amendments to the ADA greatly expanded the definition of disability, making it much easier for an employee to show that a medical condition is a covered disability. Therefore, you should carefully evaluate requests to accommodate a pregnant employee and engage in the interactive process under the ADA to determine what, if any, accommodations will enable the employee to perform her essential job duties.

#3 – Provide parental leave to eligible employees

Under the Family and Medical Leave Act (FMLA), a new parent (including foster and adoptive parents) may be eligible for 12 weeks of unpaid leave that may be used for care of the new child. To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave; worked at least 1,250 hours during the year prior to the start of the FMLA leave; and work at a location where at least 50 employees are employed at the location or within a 75-mile radius. Importantly, the FMLA provides leave for new fathers, as well as new mothers. Further, with few exceptions, upon return from FMLA leave, an employee must be restored to his or her original job, or to an equivalent job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions. In addition, an employee’s use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before taking FMLA leave.

Whether you are a Clooney or a mere mortal who lives outside the glitterati bubble, expecting a bundle of joy is great news. As HR professionals, before you attend that baby shower or hedge your bets in the office baby pool, make sure to follow these tips to ensure you treat your employees fairly and don’t run afoul of the PDA, ADA, and FMLA.

 

Live long and diversify your workforce

March 02, 2015 1 COMMENTS

The death of Leonard Nimoy this week brought back many memories of the actor’s classic portrayal of Mr. Spock in the original “Star Trek” television series and subsequent movies, as well as his talents as a photographer, writer, and lecturer.Man giving Vulcan salute

Spock, as personified by Nimoy, embodied many qualities that employers value in their workforce, such as intelligence, logic, and loyalty. But as I was lying awake at night desperately trying to think of some justification for paying tribute to Nimoy–who was, by all accounts, truly a kind, thoughtful, and intellectual man–in a blog about employment law, something else struck me: how “Star Trek” depicted the ultimate diverse workplace, decades before anyone was even talking about such things.

Other television shows in the 1960s were beginning to introduce racial diversity into their fictional workplaces, such as Linc Hayes in “Mod Squad” and Peggy Fair in “Mannix,” but Star Trek took the concept to a whole new level. The U.S.S. Enterprise’s crew included not only an African-American communications officer, an Asian helmsman, a Scottish chief engineer, and a Russian ensign, but also a first officer, Spock, who was not just from another nation, but from a different planet and indeed a different species altogether (well, half of him anyway). With apologies to those who believe men are from Mars and women are from Venus, this was the first truly interplanetary workforce.

While the other diverse members of the Enterprise crew did not (as far as I can recall) really act any differently from their American, Caucasian counterparts such as Captain Kirk and Dr. McCoy, Spock was a different story. Being of two different worlds, Spock would occasionally let his human emotions show, but for the most part, he conducted himself in accordance with his Vulcan heritage: cold, unemotional, and of course, very logical. The ways in which his personality and conduct varied from his human counterparts often produced conflict on the Enterprise, as well as comic relief. But ultimately, the other crew members embraced Spock and appreciated the different viewpoint and perspective he brought to their traveling workplace.

Today’s diverse workplaces often deal with similar issues, as employees learn to live and work with co-workers from different cultures–albeit not different planets or, for the most part, species. We have learned, for example, that some employees may dress differently based on the customs of their ancestry. Or maybe that a particular female co-worker from a different background may not feel comfortable shaking hands with a male client. We know that during company events, the culinary offerings should include alternatives for those employees whose cultures do not eat beef or other types of foods. And of course, different cultural backgrounds often mean different religious backgrounds. Thus, we try not to make non-Christian employees feel excluded by having “Christmas” parties or scheduling events during those employees’ important religious holidays, and we accommodate employees’ beliefs by allowing days off for religious holidays, providing prayer breaks, broadening the dress code to allow for religion-based clothing preferences, etc.

Not being a “Trekkie” myself, I can’t identify any specific “Star Trek” episode where Captain Kirk had to pause in the mission of “going where no man [or woman] [or other gender] had gone before” to order a special vegetarian meal for Officer Spock, nor do I recall any instances when Kirk had to call time out from his inter-species romantic liaisons to cover for Spock while he had the day off from work for a Vulcan holiday. But hey, it could have happened. If the Starfleet’s Human–make that “Species”–Resources professionals were earning their keep, they would have made sure that the Crew Handbook addressed the need to accommodate the cultural and religious beliefs and practices of all employees–even the ill-fated, red-shirted, anonymous crew members who would accompany the show’s stars in landing expeditions. And if any members of Starfleet didn’t want to accommodate members of different species, I’d like to think that Mr. Spock would have told them that their opposition was “highly illogical.” After all, when it comes to adapting to changing workplace demographics, resistance is futile.