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Maternity/parental leave: FAQs

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in Human Resources,Maternity Leave Laws

Maternity leave becomes an issue under the legal proscriptions of both the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA).

The PDA requires employers to treat employees desiring maternity leave in the same way as they treat those workers out on short-term disability. And the FMLA has a boatload of demands employers must adhere to when it comes to leave for maternity and childbirth.

1. Can an employer pre-establish a mandatory beginning date and/or length of time for an employee's maternity leave?

No. Under the PDA, an employer may not pre-establish either of the following:

  • A mandatory beginning date for maternity leave (e.g., beginning of third trimester). An employer cannot force an employee to take time off for pregnancy or a pregnancy-related condition, unless the condition prevents the employee from being able to do her job.
  • A length of time for maternity leave (e.g., at lea...(register to read more)

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