Pregnancy Employment Discrimination
Whether you are four weeks or five months into your pregnancy, now is the time to consider your maternity leave. Under the Family and Medical Leave Act (FMLA), pregnant women have a variety of rights. The FMLA legislation, passed in 1993, guarantees unpaid job leave for up to 12 weeks. This protection only applies for pregnant women who work in companies with 50-plus employees. (There are some exceptions to this rule. Elementary and secondary school teachers are covered, no matter what, as are certain government workers.)
You should know and protect your rights under the FMLA to prevent employment discrimination.
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To qualify for leave, you must work for an employer for 12 months or more. This work does not have to be consecutive, but you must put in 1,250 hours within a 12-month period to qualify. The employer must have 50 employees within a 75 mile radius of where you work.
You can take a FMLA leave even if you’re adopting or bringing a foster child into the home. But once you start your FMLA leave, it must be continuous. In other words, you can’t take off seven weeks, then work for five weeks, and then take off another five weeks. You must take off all 12 weeks in a row. Mandated FMLA leave is unpaid, but your company may offer paid maternity. Set up a meeting with your Human Resources department to learn more.
When to Hire an Employment Attorney
If you suspect that your company either violated your FMLA leave rights, connect with a San Francisco employment lawyer, right away, to address inconsistencies and get fair treatment. The team at the Law Offices of Daniel Vega would be happy to talk to you about your situation and make sure that your company treats you fairly and equitably. Call us today to speak with an employment attorney: (866) 471-6847.