[GUIDE] Most Important

Workplace Maternity Leave

Laws

Laws Protecting Pregnant Employees

• The Pregnancy Discrimination Act (PDA)

• The Family and Medical Leave Act (FMLA)

• The Americans with Disability Act (ADA)

The Pregnancy Discrimination Act

• The PDA prohibits discrimination on the basis of pregnancy, childbirth and related medical conditions

• Requires employers to treat women affected by pregnancy, childbirth, or related medical conditions in the same manner as other employees with temporarily disabilities

The Pregnancy Discrimination Act

• Any employee who has 15 or more employees must comply with the PDA

• It provides protection only from discrimination

• And doesn’t require employers to offer health insurance (or disability benefits) when they do not do the same for other employees

Key Points of the PDA

Your employee CAN’T:

• Fire you because you’re pregnant

• Force you to take mandatory maternity leave

• Refuse to hire you because you’re pregnant (or might become pregnant)

• Take away benefits or accrued seniority because you decide to take maternity leave

Key Points of the PDA

Your employee is required:

• To grant the same health, disability, and sickness-leave benefits as any other employee with a medical condition

• To reinstate women who take maternity leave under the same conditions as employees returning from disability leave

Key Points of the PDA

Your employee is required:

• Treat and accommodate a pregnant employee as they would for any workers unable to perform their regular duties

Key Points of the PDA

Your employee is allowed:

• To impose on you the same requirements that he does on other employees

• For example, require to obtain a doctor’s note before taking sick leave and collecting benefits

Key Points of the PDA

Your employee is allowed:

• To require pregnant employees to use vacation benefits before collecting sick or disability pay (as long as the same requirements exist for employees with other disabilities)

The Family and Medical Leave Act

Eligible employees:

• Can take up to 12 weeks of unpaid, job-protected FMLA leave

Conditions: - birth, adoption or foster care of a

child, - caring for a child, spouse or parent

with a serious health condition, or- after an employee’s own serious

health condition

The Family and Medical Leave Act

To qualify for FMLA leave:

• You must have worked for the same employer for at least 12 months

• AND during the 12-month period worked at least 1,250 hours

• Your organization has to have 50 or more employees working within a 75-mile radius of the work

The Family and Medical Leave Act

New parents (mothers and fathers):

• Can take FMLA leave any time in the 1-st 12 months after a childbirth

• In case of both parents work for the same company, they’re entitled to a combined total of 12 weeks’ leave after the birth or adoption

• FMLA rights extend to all spouses

Damages In SCI

Medical Costs

The Americans with Disability Act

• While ‘normal pregnancy’ is not considered a disability under the ADA

• If… women who suffer complications severe enough to limit a major life activity, may be considered disabled under the ADA and be entitled to reusable accommodation to perform job

Damages In SCI

Medical Costs

The Americans with Disability Act

• All employers who have 15 or more employees must comply with the ADA

Damages In SCI

Medical Costs

Breastfeeding At Work

Under the Affordable Care Act:

• Employers are required to provide break time for breastfeeding and expressing milk

Additional Maternity Leave Rights and Laws?

• Double-check your state maternity leave laws here: National Conference of State Legislatures

• Some states have more generous maternity and family leave policy

• Make sure to check out your company policy

Resource: http://www.ncsl.org/

You may be entitled to recover:

• Back pay (lost wages, salary, employment benefits)

• Front pay (compensations in the future due to the violation)

• Reinstatement, compelled hiring / promotion

• Compensatory and punitive damages

• Attorneys’ fees and related court costs

Your Employer Has Violated the PDA or FMLA?

Have More Questions?

Considering suing for compensation? Connect with a qualified employment attorney who

will make sure you are aware of your legal rights, and ensure your voice and needs are not ignored.

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