[Workplace Rights]Working While Pregnant – Your Rights?

Your Top 7 Questions Answered

#1 Most Frequently Asked

Question

• If you can answer ‘yes’ to all three of these questions, you should be entitled to 12 weeks of maternity leave:

Q: Am I eligible for maternity leaveunder the FMLA?

• Are you a part of a company with 50 or more employees living within 75 miles of a workplace?

Or work for the public (includingfederal, state, local) or an educational agency?

Do I Qualify For FMLA

Benefits?

Question #1:

• Have you been working for your recent employer for at least 12 months?

Do I Qualify For FMLA

Benefits?

Question #2:

• Have you worked at least 1,250 hours in the last 12 months?

Do I Qualify For FMLA

Benefits?

Question #3:

How Much Maternity Leave

Are You Entitled?

If you answered YES, under FMLA you are entitled to 12 weeks maternity leave for childbirth.

Qualifying For Leave

• No. The 1,250 hours include only those hours you actually worked for your employer.

Q: I took some time off for vacation and had a sick leave during the last 12-month period. Does that time counts toward the 1,250 hours?

Labor Law: Rule Of Thumb

• Does your company grants leave to other temporarily disabled employees?

• If yes, your employer must also grant you leave (for the time you’re disabled by pregnancy)

Q: My employer denies me pregnancy related medical leave. Is it legal?

If You Don’t Qualify For

FMLA Protected Time Off

• If your employer doesn’t grant leave to other temporarily disabled workers, than you’re not entitled either (unless you qualify under the FMLA)

Accomodation Requirements

For Pregnant Workers

• Inform your employer• Under the ADA you might be able

to get a right accommodation • Most likely your employer will ask

you to provide a letter from your health care provider regarding your pregnancy-related condition

Q: Due to my pregnancy I need an accommodation or light duty at work? How do I get one?

Doctor’s Letter To Describe

• Also, most likely your health care provider would need to suggest type of accommodation that would meet your needs

Legal Rights Fact Sheet

Source: U.S. Equal Employment Opportunity Commission EEOC.GOV

• Read more about this topic in the document:

“Helping Patients with Pregnancy-Related Limitations and Restrictions at Work”

What If I Can’t Work?

• You may qualify for leave under the FMLA• Some states have additional protection.

Check your state’s laws:

“State Family and Medical Leave Laws that Differ from the Federal FMLA”

Q: What options do I have if I can’t work at all because of my pregnancy?

Source: NCSL.ORG

Pregnancy Rights Explained

Simply

• Familiarize yourself with the legal documents regarding your pregnancy rights in the workplace.

This presentation has a good list:

“[Cheat Sheat] Pregnancy Rights In The Workplace. Your Most Important Resources in One Place”

• Make sure to check out your company policy as well

Source: Slideshare.net

Is Your Job Protected While

On Leave?

Q: What happens to my job while I’m on a pregnancy leave?

• Your employer must keep a job open for a pregnancy-related absence on the same basis as jobs that are hold open for employers on sick leave or disability leave for other reasons

Unlawful Employer Actions

Q: What happens if I’m denied my pregnant employee rights, mistreated for taking FMLA or experience any form of pregnancy discrimination?

• It’s illegal for your employer to deny the exercise of FMLA rights, retaliate against you for filing a complaint, or exercise any form of pregnancy discrimination

Employers Who Violate Your

Rights

• If your employer has violated the PDA or FMLA, you may be entitle to recover some damages

(back pay, front pay, reinstatement, punitive or compensatory)

Have More Questions?

Have your rights been violated? Connect with leading employment attorneys who will make sure you are aware of your legal rights, and fight

for the maximum recovery you may be entitled.

www.lawsuitlegal.com

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