becomes an issue under the legal proscriptions of both the (PDA) and the Act ( ).
The PDA requires employers to treat employees desiring maternity leave in the same way as they treat those workers out on short-term disability. And the FMLA has a boatload of demands employers must adhere to when it comes to leave for maternity and childbirth.1. Can an employer pre-establish a mandatory beginning date and/or length of time for an employee's maternity leave?
No. Under the PDA, an employer may not pre-establish either of the following:
A mandatory beginning date for maternity leave (e.g., beginning of third trimester). An employer cannot force an employee to take time off for pregnancy or a pregnancy-related condition, unless the condition prevents the employee from being able to do her job.
A length of time for maternity leave (e.g., at lea...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 7th Circuit favors employer on pregnancy complications & ADA
- Employee is pregnant? You can still discipline or fire if she violates your policies
- Former Victoria's Secret employee claims pregnancy bias
- Push for contraceptive coverage gets shove from federal court