Under provisions of the federal Family and Medical Leave Act, an employer is not allowed to cite pregnancy, expected pregnancy, or medical leave as a condition related to hiring, advancement, or other workplace decisions that have a negative impact on the employee, nor can an employer take action against an employee who must take time off to care for an ailing family member. What is often not understood about pregnancy discrimination, however, is that an employer may apply a standard policy that is already in place for other employees while making decisions about workers affected by pregnancy. This simply means that a pregnant employee will not necessarily be granted special privileges relating to days off, sick days, medical benefits, and performance expectations. An employee who becomes temporarily unable to perform her regular job requirements must be treated the same as every other employee with a temporary disability. This often includes modified job tasks, short-term disability leave, or medical leave without pay.
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If you are pregnant, you must be allowed to stay on the job as long as you are physically able and willing to perform your assigned job tasks. Your employer cannot order you to begin your pregnancy leave without pay and benefits, or, conversely, require you to remain on the job up until the baby's birth. In addition, businesses may not institute policies that require employees who take medical leave to remain off of the job for a pre-determined length of time following the birth of a child.
Pregnancy leave issues | FMLA
If you have concerns about the way you are being treated on the job while you are pregnant, we can help. We are the employment lawyers of Ross Law Group in Austin, Texas. Our attorneys have the experience you can rely on to help you protect your rights before your baby is born and afterward. Contact our offices to schedule a free consultation about your pregnancy discrimination case today.
Family Responsibilities
It isn't always just about pregnancy. Men and women are often faced with overwhelming challenges regarding the health of their children or spouse. The Family Medical Leave Act (FMLA) gives employees the right to take unpaid time off of work to take care of the health needs of their immediate family members. If you have been denied your rights, or have suffered harassment or retaliation because you took or sought to take family or medical leave, your rights may have been violated and you may be entitled to pursue a course of action for money damages or accommodations under provisions of the FMLA.
To learn more about employment law, please visit these practice information centers on this site:
- Frequently Asked Questions about employment law
Contact us to learn more about what we can do to protect yourself from pregnancy discrimination.
