Who will be paying for the ambulance if an employee goes into labor while at work?
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Who will be paying for the ambulance if an employee goes into labor while at work?
One of our employees is pregnant. With her health-related issues, she does not know when she will be having the baby. At her earlier stage, her health provider has provided an approximated due date of 3 months from now. Yet last week, she has informed us that she was at the emergency room the night before, due to her symptoms or signs of early labor. Even though her health provider has sent her home but she frequently telling other employees that she felt like she is about to deliver her baby. We would like to find out what can we do at this point. We have informed her the benefit that she is entitled to given by the state
Employment Development Department. However, she states that she doubts that she can work for another 2 months, however she will work until her water breaks. Since the case is sensitive, we do not want to be discriminate on her current disability and yet we do concerning the safety responsibility that we have to our employees and also the liabilities that we have. Judging by the fact that she constantly felt that she is going to deliver, we are seeking for advise on how to handle this situation. how can we accommodate her?
Asked on August 8, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You have to let her keep working until she is ready to stop working, *unless* the nature of the job poses some particular risk to a pregnant woman or her fetus: e.g. working with certain substances, chemicals or pharmaceuticals; heavy lifting; working with radiation; etc. If there is particular risk poses, you would be justified in placing her on unpaid leave (or requiring her to use PTO). (If you have another job she could safely do, you could let her do it, but would not be required to.)
If an ambulence comes for her, that is her cost, not yours.
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