maternity leave rights [faq] answered

MATERNITY LEAVE

Your 7 Toughest Questions Are Answered

Question #1

Q: Do I have to tell a potential employer on an interview I’m

pregnant?

Richard Celler Legal, P.A.

• No, you are not under an obligation

• An employer can’t refuse to hire you because of your pregnancy

• An employer can’t ask you if you are pregnant or plan on getting a child

Question #2

Q: I just found out that for the rest of my pregnancy I need

accommodations at work (light duties, sit while working, and no

lifting more than 25lbs). Can I legally expect it from my employer?

Richard Celler Legal, P.A.

• Under the PDA (Pregnancy Discrimination Act), you have a right to equal treatment to employees who are not pregnant, but who have similar ability or inability to work

For More Information If You Have a Potential Pregnancy Discrimination Legal Claim, Visit: http://www.floridaovertimelawyer.com/wrongful-termination-medical-leave-pregnant/

• If you have a pregnancy-related disability, your employer is required to accommodate you under the ADA

• Some states go beyond federal laws to accommodate and protect pregnant workers. Double-check your state laws

State Laws Source (Employment Protection): dol.gov

Question #3

Q: When can a father take leave for a newborn?

When can a mother take leave for a newborn?

Richard Celler Legal, P.A.

• Both parents have the same right to take FMLA leave

• Under the FMLA, an employee may take up to 12 weeks of unpaid leave

• Leave can be taken for prenatal care, incapacity related to pregnancy, after birth of a child due to employee’s health condition

Question #4

Q: Can my employer deny me pregnancy leave?

Richard Celler Legal, P.A.

• General rule of thumb:

You have a right to be treated as other disabled employees. If your employer grants leave to a disabled employee you deserve leave for the same period of time when pregnant.

Question #5

Q: I’m on pregnancy leave. How does it affect my benefits?

Richard Celler Legal, P.A.

• If other temporarily disabled workers in your workplace get any benefits from your employer, you’re entitled to the same coverage

• If you’re eligible under the FMLA, your employer is required to maintain your health insurance benefits

• Employers who offers employees health insurance must include coverage of pregnancy, childbirth, and pregnancy-related medical conditions

• Employer’s health insurance benefit plan:

- may not impose limitations applicable only to pregnancy-related medical expenses

- pregnancy-related medical costs may not be a subject to a higher deductible

- it must cover the same % of recoverable cost for pregnancy-related conditions

Question #6

Q: Is it legal for an employer to require a pregnant employee to use her vacation benefits before she can collect sick leave or disability pay?

Richard Celler Legal, P.A.

• Yes, just in case if your employer has the same requirements for absents of employees with other types of disabilities or illnesses

• You can read more about it here:

“Calculation of Leave Under The FMLA”

Source: dol.gov

Question #7

Q: I’m about to take intermittent leave. Can my employer change my

job while I’m on my leave?

Richard Celler Legal, P.A.

• Your employer may transfer you temporarily to an alternative job, but with equivalent pay and benefits that accommodate your intermittent leave period better than your regular job

What Is Asbestos?

LEARN MORE ABOUT YOUR RIGHTS AS A PREGNANT WOMAN IN A WORKPLACE

When can a father take leave for a

newborn?

“We Protect Your Rights in the Workplace, So You Can Focus on Protecting Your Family”

http://www.floridaovertimelawyer.com

(866)344-9243richard@floridaovertimelawyer.com

Richard Celler Legal, P.A.

7450 Griffin Road, Suite 230Davie, FL 33314

Phone: 954-903-7475

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