As an employee, you must know the rights during pregnancy in the workplace. However, when you are able to answer these questions, you will know what to during your pregnancy. Here is an overview of laws protecting pregnancy in the workplace:

In the US under both federal and State law, it is always illegal for any employer to discriminate against job applicants or employees based on childbirth, pregnancy, or any other related medical conditions. During the process of employment, hiring or compensation, employers should never discriminate any employee. Under State law, employers should never force any pregnant employee to take a leave of pregnancy disability or absence, which she hasn’t requested.

In any case this happens, employers should provide workplace accommodations as well as job-protected leave due to childbirth, pregnancy, or any other related medical conditions. This will always give them the freedom to make a choice on the day and time when the employees wants to take a leave.

How does these laws apply? 

In case of pregnancy discrimination laws, it always apply only to those workplaces with a given number of employees. According Federal Pregnancy Discrimination Act, it applies to only workplaces with over 15 employees, and employment agencies, training or apprenticeship programs, and numerous labor organizations. For instance, California Fair Employment & Housing Act applies to only workplaces with over 5 employees, as well as all labor organizations, employment agencies, state and local governments. All employees in a given workplace often have same rights whenever they operating in a given city.

Do pregnant mother entitled to leave?

During pregnancy in the workplace, an employee is entitled to job-protection, unpaid leave that goes as high as four months when one is disabled (or unable to perform his or her essential job functions) by childbirth, pregnancy, or related conditions.

What is a mother is unable to continue with a job after pregnancy?

According to the state and federal law, any employer must be able to treat a pregnant employee who may be temporarily unable to do their job descriptions due to pregnancy or have temporary disability. During the process, both employee and employer can negotiate new terms of employment in case of these events.

Is a pregnant employee entitled to leave?

All pregnant employees are covered by the employer during pregnancy period and must take a mandatory leave especially in the 3rd trimester of the pregnancy. In addition, all employees are permitted to work during pregnancy provided she is capable to do her job.

In conclusion, the above is an overview of laws protecting pregnancy in the workplace.

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Parental Leave is a benefit that employees are entitled to when they need to take care of their child. Originally established to help women to recover from childbirth and accompany her newborn through his first crucial months, with time the concept has extended to cover both parents and also evolved other concepts like Adoption Leave. The duration of Paternal Leave varies according to the case it refers to, and it can be either paid or unpaid according to the urgency with which the parent requires the leave. Soon to be parents can rest easy knowing that they will enjoy accompanying their child for the first months of his life.

HOW DOES IT WORK?

The law does not just take into account the gender of the parent to decide whether it should be granted, but rather works out of a concern for the child’s well being. Whether they are newly born or adopted, children need to have their parents nearby to take care of them in the first months with the family. To apply for Parental Leave an employee must submit his request several weeks in advance before the date he wants to start his leave. Providing that the reasons explained on the employees letter correspond with the legal requirements he or she will granted Parental Leave for a fixed period of time.

WHAT ARE EMPLOYEES ENTITLED TO?

There are two forms of Paternal Leave which are granted based on the needs of the child to have his parent with him: Paid and Unpaid Leave. Paid Paternal Leave is granted to the primary career to give the parent time off to care for the child and make the necessary arrangements to ensure his well being. Unpaid leave involves cases where the employee is not the primary caretaker but requires to take time off to help out with the child. Some countries also have Shared Paternity Leave so that the parents can take turns between working and taking care of the child.

WHAT CASES ARE EXCLUDED FROM PARENTAL LEAVE?

Some specific cases are not covered by Parental Leave laws such as mothers who had their babies through surrogate mothers, or men or women who have worked for less than a year for employers with 50 or more employees, and countries that don’t have Shared Parental Leave laws will only cover one of the parents taking leave. A woman who has recently had a miscarriage or an abortion but hasn’t suffered permanent physical or mental damage from it will also be excluded from Parental Leave laws, though if she is able to prove that she suffered serious health problems for the termination of her pregnancy she can be included to get a special leave.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.

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