Can a pregnant woman leave early if she is sick?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a pregnant woman leave early if she is sick?
If a waitress in the state of Georgia is pregnant and starts having stomach pains
at work and feels like she might vomit, should be allowed to go home early. She
has gone to work everyday, even when she doesn’t feel like it. Her employer does
not allow any breaks during her 8-hour shift except to go to the bathroom. Can’t
she expect to have at least a 15-minute break during the day or at least the
ability to go home if she is not feeling well?
Asked on April 22, 2017 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless this employee can cover her absences with PTO (sick days or vacation time) or leave under the FMLA (Family Medical Leave Act), then she can be made to come in and stay at work. Further, if she leaves without permission, she then can face disciplinary action up to and including termination. Basically, as an "at will" worker, her employeer can set the conditions of the workplace much as it sees fit. This all holds true unless she has protection of some sort under the terms of a union agreement or employment contract. Also, her treatment must not be due to any form of legally actionable discrimination. For examle, if other sick employees can leave but she cannot based solely on the fact that she is pregnant, that would be illegal, otherwise not allowing her to go home is perfectly permissable. As for rest breaks during her shift, under GA law neither a rest or meal break is required to be provdied by an employer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.