Maternity Leave Laws
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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.
Performance improvement plans (PIPs) can help turn around subpar employees. But if you use PIPs, make sure you implement them equitably. For example, if you place a salesperson on a PIP to raise falling sales, then institute a PIP for everyone whose sales have fallen to the same level. That’s especially important if one of the employees is about to take FMLA leave or is pregnant.
The EEOC is suing Tarheel Medical Transport, alleging the Wilson County company forced pregnant employees to take leaves of absences until after their children were born. The lawsuit claims the policy violates the federal Pregnancy Discrimination Act.
It’s one thing to grant a reasonable accommodation request. It’s another thing entirely to make the accommodation happen. Once you have approved an accommodation, someone from HR must ensure the decision is implemented.
When an employee announces she is pregnant, the only appropriate response is “Congratulations!” Then give her the information she needs so she can take any leave to which she is entitled. Negative comments can be used to prove pregnancy discrimination, but neutral ones cannot.
Some employers believe that pregnant women aren’t entitled to time off for pregnancy-related matters because pregnant women aren’t disabled or unable to perform their jobs. That’s wrong and can land employers in big trouble. The fact is that prenatal visits and even bouts of nausea are the sorts of things that Congress considered when covering pregnancy under the FMLA.