Are there any special considerations I need to take into account when terminating a pregnant employee?

It is unlawful to terminate a pregnant employee because of her pregnancy according to the Pregnancy Discrimination Act. As long as the termination is not due to her pregnancy, a pregnant employee’s termination should be treated like any other. As you would with any employee, be sure to document according to state law any poor […]

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It is unlawful to terminate a pregnant employee because of her pregnancy according to the Pregnancy Discrimination Act. As long as the termination is not due to her pregnancy, a pregnant employee’s termination should be treated like any other. As you would with any employee, be sure to document according to state law any poor job performance or any counseling about job issues.

Timing Issues

If, for example, you planned on terminating an employee on Friday afternoon, but before you did so, she announced she was pregnant, you may still continue with the termination. In this instance, it will be important to maintain records that demonstrate a decision to fire her was made before the announcement.

Things to Consider

You have the option of terminating any employee without regard to how it affects their health insurance coverage. Whether she continues to have health insurance depends upon the type of plan that your company offers its employees. Since health insurance terminates when an employee leaves the company, you may want to review with her any potential health insurance options and risks of not replacing the plan with a subsequent plan.

Final Tips

Terminating a pregnant employee requires similar documentation and decorum as any other firing. Be sure to properly track all aspects of the termination to ensure compliance with federal law.

Helpful Links:

Health Insurance and Pregnancy – Legal Encyclopedia

Health Coverage for Pregnant Women – Healthcare.gov

Accommodating Pregnant Employees – SHRM

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