Have a pregnancy discrimination at work claim question you NEED answered? Visit https://www.lawsuitlegal.com to connect with an attorney for answers.
Working and want to have a baby? YOU need to know what rights you have as a worker.
This data snapshot explains what obligations your employer has to you when you have a baby, and what rules are in place designed to protect you and your job.
As part of our executive summaries, this presentation answers the 6 most common questions we receive from mothers - concerned about what they can expect at their job.
See how FMLA applies, what exemptions you NEED to know about, along with how insurance repayments are handled.
Ever wanted to know if you can breastfeed at work legally or not? Is your boss obligated to provide you a private place to breastfeed?
We explain what regulations address just this and other IMPORTANT questions working women have.
Find out if you qualify for paid sick time, and how much time you have a right to for maternity leave.
Knowing the difference between what you are entitled by law vs. what should be fairly provided by your job is VITAL.
Being unfairly treated by your company leaves you no legal recourse - illegal however provides you powerful options because of the employment laws.
Watch the presentation, if you found it helpful and informative please like it or share to let us know.
2. Employer Obligations
Q: How long is my employer required
to pay disability for maternity leave?
• Generally, as long as you’re unable
to work for medical reasons.
• However, your employer might
have some time limits (the same
he has for temporarily disabled
employees).
3. Insurance Repayment
Obligations
• Your employer may require you to
repay the employer’s share of the
premium payment if you fail to
return to work after the FMLA
leave unless:
Q: Is it legal for an employer to make
you pay back insurance paid during a
maternity leave in case you don’t
come back to work?
4. Insurance Payback
Exemptions
• You don’t return because of
circumstances beyond your control
(like medical condition)
• Familiarize yourself with these
protections during FMLA leave:
“Employees Protections under the
Family and Medical Leave Act” (see
‘Group Health Insurance Benefits’)
Source: dol.gov
5. Leave After Miscarriage
Q: I was pregnant but had a
miscarriage. Am I eligible for time off
to recover?
• You are eligible for time off to the
extent your employer covers other
temporarily disabled employees.
• If you’re not disabled according to
your health care provider and
don’t have any other form of leave,
your employer might deny you
leave.
6. Breastfeeding At Work
• Under the Affordable Care Act
your employer is required to
provide you with reasonable break
time and a private space to pump.
• Note: “Employers with fewer than
50 employees are not subject to
the FLSA break time requirement.”
Q: I’m breastfeeding, but my
employer doesn’t have a private
space for me to pump. Do I have any
rights in this case?
Source: Fact Sheet #73
7. Employer Obligations For
Breastfeeding Mothers
• Lactation needs must be treated
just as a co-worker with a similar
disability or medical condition.
• Double-check your state’s
workplace breastfeeding laws:
“Employment Protections For
Workers Who Are Pregnant or
Nursing” (by states).
Source: dol.gov
8. Paid Sick Time For Childcare
Q: Am I entitled to time offs for my
baby checkups?
• There is no federal law that
guarantees you time to take a child
to a doctor, but…
• Make sure to check your state laws
regarding paid sick days:
“Overview of Paid Sick Time Laws in
the United States”
Source: Paid Sick Time Laws
9. Job Protections Under FMLA
• Under the FMLA, your employer is
required return you to the same
job, or a nearly identical one
following maternity leave.
Q: When I return from FMLA leave, is
it legal for my employer to move me
to a different job?
10. • it has the same general work
schedule
• it takes about the same time and
distance to commute
• it has similar duties, status, and
required skills
• it offers identical pay (including
overtime, bonuses, and any pay
increases that happened during
FMLA leave)
• it should have the same benefits
What exactly does a nearly
identical job mean?
Returning To Work
12. Have your rights been violated?
Connect with a qualified employment attorney 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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attorneys nationwide who can help, Lawsuit Legal
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