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Your Workplace Rights
Whether you're a working parent or a working parent-to-be, you deserve to be treated fairly by your employer. As a start, print out this guide to your legal rights and keep it for easy reference.
1. Your pregnancy must be treated like any other employee disability or medical condition.
If you work for a company with 15 or more employees, it is illegal for your employer to discriminate against you because of pregnancy, childbirth, or pregnancy-related conditions. Pregnancy must be treated as a temporary medical disability. You may also be protected by state and local laws regarding pregnancy discrimination.
2. You can't be fired because you're pregnant or may become pregnant.
An employer can't fire, deny a job, or deny a promotion to a woman because of her pregnancy or pregnancy-related conditions as long as she can perform the major functions of her job. Note: An employer is not legally required to make it easier for a pregnant woman to do her job.
3. You can't be forced to take leave as long as you can do your job.
Pregnant employees cannot be forced to take leave while they are pregnant as long as they can perform their assigned work tasks. If an employee is absent from work due to a pregnancy-related condition and she recovers, the employer can't force her to remain on leave until the baby's birth.
4. You're entitled to the same benefits received by other employees with medical conditions.
You must be offered the same level of medical benefits, leave, and temporary disability insurance that are provided to employees who have other medical conditions or disabilities.
5. You can take part of your maternity leave before your baby is born.
Under the Family and Medical Leave Act, you can part of your unpaid maternity leave while still pregnant if you are physically unable to work due to pregnancy or pregnancy-related conditions. Your job will be protected for a total of 12 weeks, including time before and after birth. Note: The FMLA applies if:
- You are an employee of a company with 50 or more employees.
or - Work for a local, state, or federal government.
and
- Have worked for your employer for one year and at least 1,250 hours during the previous year.
6. You are entitled to insurance coverage for your wife's pregnancy-related conditions if your company's health plan includes spousal coverage.
Employers cannot deny coverage for the pregnancy care of a male employee's spouse, provided that spouses of female employees are usually covered by comprehensive health insurance.
7. You cannot be denied the standard benefits if you are a single mother-to-be.
Pregnancy-related benefits cannot be limited to married employees.
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I've worked for my company for 2 years before I got pregnant and because they cut my hours I didn't meet the FMLA guidelines. I feel that's not fair but I can't do anything about it,so I got a doctor's note and went on a disability leave..
10/6/2011 12:44:51 PM Report AbuseI am currently on short term disability because of preeclampsia and will continue on STD for 6-8 weeks once the baby is born, depending on what type of delivery I have. FMLA kicked in the first day I was out. If my STD time before and after the baby is born does not equal 12 weeks, and I still want to stay out, they are forcing me to take vacation time, which it seems goes against the whole point of FMLA. Has anyone else had this issue, and what did you do about it?
2/12/2011 08:49:44 AM Report AbuseI was hired on a basis that 3 months in i would hired on as regular if position was a good fit. 3 months went by and boss said he legally couldn't change me from a 1099 (contractor) to a w2, untill 1st-came around and now he's saying i'm not a good enough sales person, but i was hired for customer service and to help the other agents in my office. i ma hourly, yet he refuses now to give me any sort of benefits and even offered a raise and took it away.
2/9/2011 11:58:00 AM Report AbuseThe key word with FMLA is: unpaid. How long can you go w/o your wages & earnings, along with the fact that you may be the sole breadwinner & benefits carrier for your family? We do not get healthcare benefits with our FMLA, save for COBRA, and if you look at that plan, it is ridiculous - almost $1,000/month! That is like adding another mortgage payment atop of what you already pay, and add to that FMLA not including wages (oh yeah! And that paternity UNPAID leave of 12 weeks).
1/25/2011 01:01:37 PM Report Abusethat sounds like me i worked in a pizza pub my boss hired me knowing i was pregnant and the laid me off 2 moths ago because i was pregnant
11/24/2010 05:13:15 AM Report AbuseIve been with my company for over 3 years, almost 4, and since we a company of under 15 people, they dont have to follow FMLA. I guarantee they dont hold my job. I am the office manager.
10/27/2010 03:57:02 PM Report AbuseTHE COMPANY I WORK FOR DOES NOT OFFER MEDICAL LEAVE TO EMPLOYEES, THEY DO OFFER FMLA AFTER BEEING EMPLOYED FOR A YEAR. WOW! I WILL BE HOME A COUPLE DAYS BEFORE RETURNING TO WORK---HOPEFULLY ALL GOES WELL.
10/22/2010 05:28:14 PM Report AbuseI have been a full-time employee at my job foor six months so far. I am not eleigible for the FMLA since i have not been an employee for a year. This really does stink and is a bit tfrustrating. I will be using the accrued time from persoanl days, sick days, and vacation days. after the accrued time is up, off to work i go! IF I CAN NOT RETURN AFTER THE COUPLE OF DAYS i HAVE ACCRUED, IT WILL BE CONSIDERED A VOLUNTARY RESIGNATION
10/22/2010 05:25:05 PM Report AbuseVelazquez...that is illegal. I would speak to a lawyer.
10/19/2010 10:10:47 AM Report AbuseWhat if I plan on not returning to work following my maternity leave?? Is there a chance that I would be responsible for reimbursing my employer for the $ I was paid while I was off work?
9/8/2010 09:22:43 PM Report AbuseFor once I would like to see an article for working moms to be that does not assume that you work for a large corporation. What about us small business moms that do not fall under FMLA or ADA? How about some creative advice instead of rehash of government policy?
7/28/2010 12:24:14 PM Report Abusevery good information thank :0)
6/30/2010 12:10:53 PM Report AbuseDoes the Employer or EE invoke FMLA? My supervisor knowingly let me take time off for IVF using my general leave. (I requested leave for "Personal Time Off"). When I returned after being off for 3 weeks, the Human Resources director informed me that my leave should fall under FMLA, and she could deduct my time-off from the total 4 months of Family/Medical leave allowed. In other words, after my child is born, I would only have approx. 3 months remaining of Family/Medical leave under FMLA.
6/17/2010 12:44:28 PM Report Abusethis link was very informational
5/1/2010 03:23:52 PM Report AbuseWhat happens when a employer demotes an employee because she's pregnant. Is it fair that in her last pregnancy they gave her a reasonable accommandation and for this pregnancy the employee does not want to accommandate her only sat and sun and if she dont accept she have to resign. She is a full time employee and they demoted her to a on-call employee.
12/23/2009 08:49:39 PM Report Abusewhat if my employer does not offer leave? And we only have 9 to 10 employees total in the work place.What are my rights.
10/21/2009 10:25:56 AM Report Abuse