Maternity leave refers to the period of time that a new mother takes off from work following the birth of her baby. Many companies have similar policies for fathers, which allow for paternity leave. The law allows new mothers certain allowances, pay and benefits. Ignorance of these benefits sometimes results in unfair treatment of new mothers by employers. When in doubt about their rights, many turn online for Expert opinions of Employment Lawyers. Below are five of the most common questions about maternity leave, answered by Experts on JustAnswer
Federal law provides for such situations under the Pregnancy Discrimination Act and the Family Medical Leave Act. In most cases this would be seen as an act of discrimination. Since it can only be against a woman, it would also qualify as sexual discrimination. You should try to exhaust all administrative remedies before filing suit. In other words, you may have to appeal the termination through any process the employer has in place and if that doesn’t remedy the situation, you can go through the EEOC and file a complaint.
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You could consider filing a complaint with EEOC (Equal Employment Opportunity Commission) and DOL (Department of Labor) because these may be legitimate grievances and complaints that you may have protection against. Many times all it takes is a scare tactic of telling the employer that you have filed a grievance for mistreatment and discrimination to remedy the situation.
Under FMLA (Family Medical Leave Act) law, a man can, in most cases, take leave for the birth or adoption of a child. Men often are left wondering where they fit in a birth or adoption situation and what their legal rights and how employment laws deal with the rights of men during child birth and adoptions. A simple way out of uncertainty is to ask an Employment Lawyer on JustAnswer.
Unless you have a verbal or written contract that your employment lists a certain amount of time that you are covered as a contract employee, you are an at-will employee. This means that you can usually be let go for any non-discriminatory reason by your employer.
Pa. Cons. Stat. tit. 35 § 636.1 et seq. : “allow mothers to breastfeed in public without penalty. Breastfeeding may not be considered a nuisance, obscenity or indecent exposure under this law.”
Additionally the Patient Protection and Affordable Care Act (PPACA) essentially states that employers provide reasonable unpaid breaks for nursing mothers to express breast milk. Essentially, the PPACA requires that employers provide reasonable, unpaid break time and a private space for mothers to express breast milk for children up to one year in age. There is an exemption for small employers, those with fewer than 50 employees, if the PPACA's requirements would pose an undue hardship.
New parents often opt for maternity or paternity leave after the baby is born, but you may be surprised to learn that most companies don't offer paid leave -- and don't have to. Make sure you know your employment rights and learn what to expect when expecting a baby. If you have questions regarding maternity leave, bring your questions to Employment Lawyers on JustAnswer.
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