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.

Creating a legally compliant maternity leave policy is harder than ever. When you need assistance, trust Business Management Daily to help you deliver.

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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.

You can count the number of nations lacking a definitive law providing paid maternity leave on one hand—and still have two fingers left over. Guess what. One is the United States. That’s what Human Rights Watch found when it studied family leave practices worldwide.

Overtime pay. Discrimination. Family leave. Harassment ... Federal employment laws govern all of these issues – and many more – that you deal with at some point in your career.  It's important for supervisors and managers to know the basics of how to comply with those laws. Here's a list of the top 10 most important federal employment laws:

When a young mother begins missing work, a manager may think she isn’t taking her career seriously enough. Expressing that sentiment may provoke your employee to sue.
Employers are generally free to develop their own internal policies, but many laws require employers to notify employees of those policies. Consider the case of Jones v. City of Atlantic City in which an FMLA dispute revealed that Atlantic City hadn’t updated its handbook in 13 years. In fact, the last update happened two months before the FMLA was signed into law.
When an employee announces she’s pregnant, her employer better be able to deliver more than just congratulations. You need legally sound, consistent policies and practices to ward off potential pregnancy complications of your own. Here’s how best to comply with the FMLA, plus a sample policy you can adapt to your own organization:
In late 2010, the EEOC published GINA regulations that provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

Employers that pay new hires more than employees with the same or similar experience should be prepared to prove why they needed to sweeten the pot. Otherwise, they risk an Equal Pay Act lawsuit if it just so happens the hire is of the opposite sex as an incumbent.

Think if someone complains to HR and you just kick it up the chain of command, the problem will just take care of itself? Think again.
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