 |
|
HR Hot Topics |
Pregnant Employee
Federal and state laws governing pregnancy- and adoption-related employment issues generally fall into two categories – prohibitions against adverse employment actions and rules covering pregnancy-related leave. Pregnancy-related leave issues are addressed under the Pregnancy Discrimination Act (PDA) – which amended Title VII of the Civil Rights Act of 1964 (Title VII) to recognize pregnancy-based discrimination as a form of sex discrimination, the Family and Medical Leave Act (FMLA), and, in limited circumstances, the Americans with Disabilities Act (ADA). The laws govern how pregnant employees should be treated when they're unable to work because of their pregnancy. Many states also have discrimination, pregnancy leave, and family and medical leave laws. Related articles on Pregnant Employees Pregnancy and family and medical leaveNew fathers and mothers who are covered by the FMLA are entitled to leave – up to 12 weeks per year – under a variety of circumstances. It’s illegal to punish an employee in any way for taking FMLA leave. If you aren't an FMLA-covered employer or the employee either isn't eligible for or has exhausted her FMLA leave, you still may have an obligation to provide the leave under Title VII as amended by the PDA. The mother-to-be is entitled to leave for complications. She’s also entitled to intermittent leave for morning sickness and doctor appointments. She doesn’t have to provide a separate FMLA certification for each bout of morning sickness. If both parents are your employees, then the FMLA grants them only 12 weeks total to care for their baby. In reality, though, the mother could get her doctor to certify that she needs 6 weeks to care for herself after giving birth in addition to the 6 weeks to care for the baby. In that situation, the father probably would be limited to 6 weeks. Pregnancy and the Americans with Disabilities ActIn most cases, the ADA won't be a factor in how much leave an employee may take for pregnancy or maternity leave. Pregnancy in and of itself isn't a "physiological disorder" and therefore isn't an "impairment" under the ADA. Unusual or abnormal pregnancy complications, however, may cause a disability that the ADA covers. Safety issues and pregnancyEmployers may have concerns about the safety of their pregnant employees and the unborn fetuses, but those concerns shouldn't be translated into formal or informal workplace policies applied to all pregnant employees. Banning women from work environments to which men have access, even for the seemingly noble purpose of protecting the unborn fetus, is a form of sex discrimination. Similarly, you may not force pregnant employees to take leave based on a real or imagined threat to the fetus' health. Adoption and foster placementEmployees can take up to 12 weeks of FMLA leave after a child is placed for adoption with them. This includes an employee adopting his own stepchild and foster parents when a child is placed in their home. Before a child is placed in an employee’s home, you must allow the employee to take intermittent leave as needed for activities that are needed to complete the adoption. After placement, you aren’t required to give the employee intermittent leave to care for the newly adopted or foster child (unless the child has a serious health condition). Maternity leaveYou can give maternity leave that’s more generous than the FMLA’s minimum but beware of giving better leave to new mothers as compared to new fathers and employees with other health problems. That could cause resentment and a sex discrimination charge from a man. Breastfeeding mothersA growing number of states require employers to make an effort to provide a room where employees who breastfeed their babies can express milk at work. Even if this isn’t required in your state, it could help employee retention. Flexible work schedules for work/life balanceNew parents may ask for nontraditional working arrangements to allow them more flexibility to better balance their work and life responsibilities. These arrangements might include telecommuting, part-time employment, a flexible schedule, or job sharing.
Related articles on Pregnant Employees from the State Employment Law Letters
|
designates additional valuable resources available exclusively to Employment Law Letter subscribers