I am no way an expert on labor laws, but seems some common sense might work.
She was hired to perform a certain job, which included xx% travel. She has been performing this job for a certain amount of time. If she becomes unavailable to travel once the baby is born, then she becomes unable to perform her responsibilities. Would it not then be reasonable to offer her another position within the company that does not require travel?
Also, I don't think it would be inappropriate to have a conversation with her now that centers around her intentions once the baby is born. I'm sure she has given this a good deal of consideration already. It just might be possible that she does not intend to continue in her current job once the baby is born. If she is interested in remaining with the company after the baby is born, but doesn't want to travel, then maybe now is the time to find another position for her.
Either way, I think she has an obligation to perform her responsibilities the same post-baby as she has done up to now.
You might also want to contact your company lawyer for advice as well.
2006-09-05 00:48:29
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answer #1
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answered by hvnmorefun 3
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Well firstly she is entitled to her maternity leave, whatever that may be where you are.
You're correct you can't fire her for doing what nature intended but you can sit her down and ask if she is still interested and/or suitable for the position she currently holds. Maybe she herself is determined to keep life as normal as possible and she has a nanny organised for her travelling, you never know but do talk to her.
Let her know that you are concerned that she might not want to travel anymore and hopefully you could accomodate this with another position in the company, if this does not suit then pull out your contacts list and advise her that you know of other companies with the ideal position for her new life and you could make a call if she liked.
Whatever you do say, say it very carefully as I'm sure you are well aware employees can be very strict about upholding their labour laws these days.
2006-09-05 07:47:06
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answer #2
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answered by Katie 4
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Does your workplace conduct regular appraisals? If so, then good because your company will wage her according to how much she has done/not done.
Be open about your present worries with her. WRITE emails and communicate with her...that way you'll protect yourself. Elaborate your concerns diplomatically to her and ask her what would be a positive way of solving the impending problems ahead.
If she replies your email, vouching that she'll be able to resume work and travel....keep the email documented because that's her word of promise. If you don't see the actual work results that she promised, then you have every right to take action.
But if she replies your email, identifying and acknowledging that she's causing you a problem once she becomes a mother, request from her in a follow-up email, her consent for you to find someone else to replace her work the moment she leaves for her maternity leave. Make sure you get hold of a reliable substitute at hand to take over her work load BEFORE she goes on maternity leave. She needs to hand over the work properly.
Once you've gotten her consent, get your HR department to draft out a new payment scheme and job description for her. Email her the proposed new scheme and if she okays it, you are on safe ground.
If she ever takes legal action against you, you have your documented emails to prove that you've gotten her consent on a lowered salary and simpler job description.
2006-09-05 07:57:56
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answer #3
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answered by citrusy 6
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You said she is a "professional" which means exactly that, she is professional. I'm sure she is aware of her situation...having a baby and a job which requires her to travel.
You, however, aren't being very professional. Why haven't you talked to her about this concern?
You have only considered firing her but opted out because of labor laws. You are only "assuming" something about her. You know what they say about people who assume.
2006-09-05 07:57:03
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answer #4
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answered by Riviera_ 4
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she may be thinking the same thing - talk together and try to develop alternatives, things she could do that don't require te travel. or ask if se may want to cut down to part-time so you can hire a new individual to take over some of her tasks. you can't fire her simply because of maternity/motherhood, but if she's unwilling to do her job, then you begin to see reasons for laying her off if necessary. but don't do anything rash until you've shared your concerns with her. she may be releived YOU approached HER.
2006-09-05 07:49:26
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answer #5
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answered by moondancer629 4
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If this professional is your employee, surely you have professional resources to consult with concerning this issue. Thank God for labor laws.
2006-09-05 07:57:52
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answer #6
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answered by Anonymous
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why don't u speak to her and explain your worries. she might have been thinking this also but she might have a solution or a compromise or she might be willing to take a different job but she is certainly not a mind reader or an ogre so you will have to ask her
2006-09-05 07:43:22
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answer #7
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answered by sleepwalker69 6
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hire the baby too!
2006-09-05 08:06:52
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answer #8
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answered by theKenyan 3
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Its not urz is it?set her up somehow and then fire her
2006-09-05 07:48:03
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answer #9
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answered by Anonymous
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