Maternity Leave Laws
Need a sample maternity leave policy? Information on pregnancy disability leave? We can help with the latest on topics like disability maternity leave.
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“I’m pregnant!” … Two words that can make an employer cringe on the inside but smile on the outside. And even though the baby might not be kicking yet, you can be assured that pregnancy anti-discrimination laws have kicked in …
A restaurant manager apparently thought he was looking out for the best interests of pregnant employees and their fetuses when he told them to stop working in their last trimester. Not so fast, said the EEOC.
Are pregnant employees who develop complications disabled and entitled to reasonable accommodations under the ADA? A federal appeals court considered the question for the first time in Serednyj v. Beverly Healthcare LLC.
Employees don’t go from good to terrible instantly. There is usually a slow and steady decline. Be sure that the process is carefully documented, right from the very first verbal warning.
The media empire Bloomberg L.P. has won a huge victory in a case championed by the EEOC. The agency had claimed that Bloomberg discriminated companywide against women who became pregnant and returned to work.
Pregnant employees have partial protection against discrimination under several state and federal laws, including the Pregnancy Discrimination Act, Title VII’s sex discrimination provision and the FMLA. But you may not realize that a pregnant employee may also be covered by the ADA.
Pregnant women have special protection from discrimination under the Pregnancy Discrimination Act. But many employers don’t realize that PDA protections continue for a period of time after the pregnancy ends. Essentially, anytime you terminate an employee who has recently been pregnant, you risk a PDA lawsuit.
Some employees think that if they are pregnant, they can’t be fired. While it’s true that firing someone because they are pregnant is illegal, it doesn’t follow that every discharge involving a mother-to-be is discrimination. Be prepared to show legitimate, nonpregnancy-related reasons for your action and you should survive a lawsuit.
We’ve said it before, and we’ll say it again: When an employee announces her pregnancy, the only appropriate response is “Congratulations!” Anything else may end up being used against you later if things don’t go smoothly.
Here’s a tip that can save needless hassle: Tell managers and supervisors they should greet every pregnancy announcement with a big smile and a hearty “Congratulations!” That’s because at least one federal court in Ohio has used a supervisor’s silence as possible circumstantial evidence that the pregnant employee was discharged because she was expecting.