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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In late 2010 the EEOC produced regulations on the Genetic Information Nondiscrimination Act (GINA). The regulations 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.
A triple-whammy of forces—new laws, new EEOC outreach programs and ongoing economic malaise—helped push the number of employee job discrimination claims to the highest annual total in the EEOC’s 45-year history.

The Pregnancy Discrimination Act protects women against discrimination because they’re about to have a baby. But the PDA doesn’t grant any special, additional rights to time off for child care. Unless the mother has FMLA or other leave available, there’s no requirement for an employer to accommodate her child care needs.

The EEOC has sued an East Texas health care company for firing a housekeeper after learning she was pregnant. The federal agency sued Murphy Healthcare, which operates Frankston Healthcare Center, for firing Myesha Kerr, allegedly because it was concerned that she would be required to perform heavy lifting and be exposed to toxic chemicals.

You expect workers to get to work on time. Sure, occasional problems with traffic or family issues sometimes make people late. But chronic tardiness is another thing altogether...
Besides implied contracts, federal laws, state statutes and court decisions are chiseling away at the at-will doctrine as the number of wrongful-discharge suits spirals higher. Here’s why:

Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.

Q. One of our salaried employees was picked for a grand jury. She’ll be away about one week per month. Do we have to pay her during jury duty? She will be checking in via BlackBerry daily.

Terminating someone who is pregnant or who just gave birth can be dangerous. If you must fire her, make sure you can provide clear and consistent reasons. Tell supervisors they should never make comments that sound as if the real reason is pregnancy.

A Cincinnati Pizza Hut franchisee, the Twins Group, has settled a pregnancy discrimination lawsuit that alleged the company illegally inquired about a female employee’s health, shared her confidential medical information with co-workers, reduced her hours and ultimately terminated her because she was pregnant. One of several problems: She wasn’t pregnant.

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