When it comes to maternity or childbirth leave, women have at least two federal laws that protect them from possible discrimination.
The first is the , which provides up to 12 weeks’ leave for pregnancy, birth and infant care. The (PDA) also protects women from sex-based discrimination. It bars employers from treating pregnancy differently from any other conditions and outlaws discrimination based on a woman’s childbearing capacity.
The FMLA and the PDA work together. Employers who understand that aren’t likely to make mistakes that result in lawsuits.
Applying more restrictive policies to pregnancy-related than to other qualifying FMLA leave may violate the PDA, as the following case shows.
Recent case: Police officers Cynthia Orr and Patricia Paiz sued their employer, alleging that the department’s personnel director discriminated against them on the basis of pregn...(register to read more)
- Give benefit of doubt to panicked workers who take sudden FMLA leave
- What happens to accrued PTO leave when an employee separates?
- When employee has pregnancy complications, be prepared to consider ADA accommodations
- Beware discipline for FMLA-related tardiness
- Always consider how jury might see retroactive actions