Explore what laws protect new employees requesting maternity leave. Know your rights as an expecting mother in the workplace.
What Laws Protect New Employees Requesting Maternity Leave?
Did you know that there are 2.8 million pregnant women per year in the U.S.? But according to the US Census Bureau, 80% of all first-time pregnant women work until their final month of pregnancy.
It’s exciting to start a new job. But as new employees, expecting mothers would ask, “can I get maternity leave at a new job?” They mainly worry about their legal protections for their position at work.
There are several federal and state laws that exist to support pregnant employees. But what you qualify for depends on the law and how long you’ve been employed.
Let’s take a look at these laws that will protect you if you are new to your job.
Understanding the Family and Medical Leave Act (FMLA)
One of the main statutes establishing leave for qualified employees, the Family and Medical Leave Act (FMLA), authorizes those who have made the statute an unpaid leave for certain reasons.
The FMLA entitles an employee to take any leave taken for the provision of enhancement of a child, adoption of a child, or treatment for serious health conditions in the same way as the Family and Medical Leave Act provides for the same leave taken due to birth. Over 12 periods in 12 months, an employee is entitled to a maximum of 12 weeks.
An employee is qualified for leave under FMLA only if the following conditions are met: the employee must have been employed by the same company for 12 months and must have rendered a minimum of 1,250 hours of service in the preceding year under the law. Additionally, the employer must have employed 50 or more employees within a single radius of 75 miles.
Labor issues are best resolved with the help of experienced employment law attorneys. And besides concerns with family and medical leave, you can find other employment concerns and how to deal with them here: https://www.kingemploymentlaw.com/
The Pregnancy Discrimination Act (PDA) and Its Implications
There are unique problems related to pregnancy that women may face at their workplace. The Pregnancy Discrimination Act (PDA) was enacted so that at least these particular issues could be addressed. It addresses discrimination based on pregnancy.
The ADA requires fair treatment to be given to you, like any other in situations of sick temporary disability. That is to say, you are allowed to ask for accommodations, such as less work, or even to work at different times, provided that these modifications do not create hardship for the employer.
The PDA ensures you get the same pay and leave-out policies as other employees in similar situations. Knowing your rights according to the PDA is important for you to defend yourself. When you know your rights under this Act, you can have assurance to defend yourself in case your rights are jeopardized.
State-Specific Maternity Leave Laws and Company Policies
While federal laws furnish the threshold for maternity leave, state-specific standards and company policies can regulate local issues, possibly determining your rights and policies further.
Some states eclipse the minimum leave provided under the federal Family and Medical Leave Act (FMLA), allowing one to take an extended leave with pay. For example, the states of California and New York established their own family leave programs, allowing you to consider receiving pay from the paid family leave that might be offered to you.
Keep in mind that some companies have specific maternity leave rules that offer better benefits in terms of days, pay, and reinstatement compared to the various state and federal laws being discussed.
It is more important not only to understand the company policies but also to understand the state laws. This is how you get a sense of your full rights and thereby begin to realistically gauge the expectations for maternity leave.
Always consult your HR department for clarification. Be familiar with your state laws about maternity leaves to keep yourself updated.
A very basic step would be to get acquainted with the rights that the FMLA and PDA grant if maternity leave is taken. These legislations ensure that you will not be discriminated against while taking the time off needed to enjoy the arrival of a new baby.
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