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Maternity Leave Laws

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

In Michigan can someone be fired while on maternity leave

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.

Is there any law against forcing someone to work while on maternity leave and then requiring them to go back to work before the leave was up?

Case Details: Location -- Arkansas

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.

Can a man take maternity leave?

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.

In Missouri if a contract employee loses the job while on maternity leave is this against the law?

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.

What are the new lactating laws in Pennsylvania, that will allow a mother to breast feed at their place of employment?

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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Recent Maternity Leave Questions

  • I am asking on behalf of my daughter, she is in columbus ga,

    I am asking on behalf of my daughter, she is in columbus ga, her husband is stationed at Ft Benning and she is employed by a successful cosmetic retail as a 3rd key manager. she makes one year on 12/27, she is currently pregnant and her due date is 12/20
    she was told that she may take FMLA but that she would not have a job to return to for they do not hold your position unless your employement is over 1 year. She will have accumiliated approximately 40 hours of sick time and she currently has 1 week vacation. Does that not or could it not take her through to her 1 year??
    We are all from California and this is all brand new to us. Is it so, that she is not guarenteed her employement if she goes on maternity leave?
  • I am an assistant Site Accounting Represtative working part

    I am an assistant Site Accounting Represtative working part time for a nationwide travel center. The lead SAR is going on maternity leave for up to 3 months. I was told by management that I would be expected to work 7 days a week for up to 3 months because they couldn't hire anyone else and they didn't trust any other in house employees to keep confidentiality. Also it takes up to 2 months to train someone. Since labor law states that there is nothing that I can do unless I have a collective bargaining agreement, or have a contract with the company, I was wondering if the fact that I am classified as a part time employee and requested that at hire, does that constitute a contract?
  • In Aug of 2013 I was promoted to an Accounting Supervisor (1

    In Aug of 2013 I was promoted to an Accounting Supervisor (1 direct report), however I maintained my Salary Non-Exempt status. So, I worked overtime and got paid for it. In Nov of 2013 a new Controller started and indicated I was no longer allowed to work any over time. My position, as any in an Accounting / Finance Dept, will never be 9-5! So my manager and I had many disagreements and issues surrounding my timesheet. He actually accused me of nickel and diming the company because I had 15 minutes of overtime in a pay period. I asked if he preferred I lied to which he of course responded no. I went out on maternity leave in March 2014, and believed I would receive 4 weeks payout as a result of local policy. However, the policy did not apply to salary non-exempt, only to salary exempt. As a manager, I was improperly coded as non-exempt. Now that I have returned from maternity leave I will be coded as salary exempt. I feel that they improperly treated me as a result of being non-exempt, which I shouldn't have been. Do I have legal grounds to go after them for 4 weeks of pay? This may seem small, but after you have a child every penny counts!
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