Maternity Leave Laws
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Placing an employee on forced leave can form the basis for a lawsuit, according to a recent 7th Circuit Court of Appeals decision. That’s true even if the forced leave is consistent with company policy and applies to all employees.
Generally, pregnancy isn’t a disability under the ADA, nor are pregnancy-related complications. But under some limited circumstances—when pregnancy complications cause separate medical conditions that persist after birth—the employee may qualify as disabled under the ADA.
There is no freedom from discrimination based on having premarital sex, but there is a right to be free of pregnancy discrimination. It may seem odd, but employers can technically fire someone for behavior that doesn’t meet the employer’s “moral” standards as long as no other protected characteristic is involved.
Maternity leave becomes an issue under the legal proscriptions of both the Pregnancy Discrimination Act and the Family and Medical Leave Act. 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.
When discrimination based on pregnancy plays a part in a demotion or termination, the employee has a case under the Pregnancy Discrimination Act. Paternalistic beliefs that pregnant women need protection should not be part of the reason for any action, even if well-intentioned.
Warren Tricomi Salons, with locations on New York’s Upper East Side, will pay $30,000 to settle a pregnancy discrimination suit filed by the EEOC on behalf of an assistant who claims the company rescinded an offer to promote her and then fired her after her boss learned she was pregnant.
Here’s a tip if you use performance improvement plans (PIP) before termination. Track what happens to everyone who’s on a PIP. Note those who quit instead of facing discharge.
If you provide additional leave or special arrangements for someone recovering from a heart attack or broken leg, you must provide them for a pregnant employee, too. Otherwise, you may be violating the Pregnancy Discrimination Act.
Because absenteeism typically comes under the "minor problem" category, the first step is a precounseling session between the individual and his supervisor. In this session the supervisor determines if the employee understands the company's policy on absences. The positive discipline approach then consists of the following stages:
In tough times like these, employees are being asked to do more with less. Temporarily losing a worker to pregnancy, childbirth and maternity leave can create scheduling havoc. That doesn’t mean, however, that supervisors can let their irritation show.