Does the Pregnancy Discrimination Act grant additional maternity leave? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Does the Pregnancy Discrimination Act grant additional maternity leave?

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in FMLA Guidelines,Human Resources,Maternity Leave Laws

Q. We granted an employee maternity leave following the birth of her child—12 weeks of leave in accordance with the FMLA. Other than the FMLA, our company has no past practice or policy of granting leave (paid or unpaid) to employees except for their own medical conditions. Our employee claims that we will be discriminating against her because of her pregnancy and status as a new mother if we do not grant her additional leave time. I am aware of the Pregnancy Discrimination Act (PDA). Does it require us to grant our employee additional leave to care for her newborn?

A. No. The Pregnancy Discrimination Act is an amendment to Title VII, the federal civil rights act, and prohibits discrimination on the basis of pregnancy, childbirth or related medical conditions. However, the PDA does not cover leave for child care. The employee’s only legally protected leave entitlement is under the FMLA.

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