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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.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

How JustAnswer Works:

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  • Get a Professional Answer
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Maternity Leave Questions

  • I am looking for information on commission only employees. I am a week

    I am looking for information on commission only employees. I am a week away from going on maternity leave and my business partner wants to renegotiate our joint production agreement to include his son. Our employer has informed us that this will have to take place before Christmas. I feel like I am being rushed into not a very good position and my going on maternity leave is being used as the excuse.
  • I was just hired by a large company and I am 7 months pregnant.

    I was just hired by a large company and I am 7 months pregnant. They know this. I will be on Maternity leave in about 2 months which they are aware of. I do not quality for FMLA. Can they fire me when I come back to work if they wanted to? I assume they would not have hired me if they were planning to fire me.....but I just worry. If they did do that do I have any rights? I am not interested in a lawsuit AT ALL....but I will do what I have to do should this happen. Again, they knowingly hired me at 7 months pregnant. I live in New York.
  • i going to have my baby in 2 weeks. Getting ready to go on

    i going to have my baby in 2 weeks. Getting ready to go on maternity leave so my boss step to me to sign so paper saying i might not have job with the company after maternity leave is on over. i been over backward for this company. stay late at work. working on the weekend. body hurting and vomiting over my desk . I am a single mother. i need help. i need you help. what must i do!
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