There are no federal laws requiring a company to provide paid maternity leave. However, most employers are required to comply with FMLA as well as the Pregnancy Discrimination Act (PDA). If complications rise in the pregnancy that substantially “limit a major life activity,” the employer may need to review the Americans with Disabilities Act" as well.
Under the PDA, employers subject to Title VII of the Civil Rights Act of 1965 are prohibited from discriminating against employees and applicants on the basis of “pregnancy, childbirth and related medical conditions.” (Employers who have 15 or more employees are subject to Title VII of the Civil Rights Act.) Under the law, an employer must treat a pregnant employee like any other employee on the basis of their ability, or inability, to do their job.
As an employer, you must provide the same accommodations for an expectant employee that you would for any employee unable to perform their regular duty. Under the PDA, you are required to provide sick leave and disability benefits on the same basis or conditions that apply to other employees who are granted leave for a temporary disability. Women who take maternity leave must be reinstated under the same conditions as employees returning from disability leave. Remember, consistency in your practices is the key.
Let’s talk FMLA. When an employee becomes pregnant, and if the employee is eligible for FMLA leave, the employer must also consider the employees right to take leave under FMLA.
How about ADA and reasonable accommodation? A normal pregnancy is not considered a disability under the ADA. But if the woman experiences pregnancy complications that substantially limit a major life activity, she may be considered disabled under ADA. If so, the employee is entitled to reasonable accommodation to perform her job.
As always, check your respective state laws.
Keep communicating people.
Under the PDA, employers subject to Title VII of the Civil Rights Act of 1965 are prohibited from discriminating against employees and applicants on the basis of “pregnancy, childbirth and related medical conditions.” (Employers who have 15 or more employees are subject to Title VII of the Civil Rights Act.) Under the law, an employer must treat a pregnant employee like any other employee on the basis of their ability, or inability, to do their job.
As an employer, you must provide the same accommodations for an expectant employee that you would for any employee unable to perform their regular duty. Under the PDA, you are required to provide sick leave and disability benefits on the same basis or conditions that apply to other employees who are granted leave for a temporary disability. Women who take maternity leave must be reinstated under the same conditions as employees returning from disability leave. Remember, consistency in your practices is the key.
Let’s talk FMLA. When an employee becomes pregnant, and if the employee is eligible for FMLA leave, the employer must also consider the employees right to take leave under FMLA.
How about ADA and reasonable accommodation? A normal pregnancy is not considered a disability under the ADA. But if the woman experiences pregnancy complications that substantially limit a major life activity, she may be considered disabled under ADA. If so, the employee is entitled to reasonable accommodation to perform her job.
As always, check your respective state laws.
Keep communicating people.
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