Family Medical Leave Act Pregnancy

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -
News & Analysis as of

Employee was fired for violating employer’s “no pregnancy” policy

Pregnancy discrimination lawsuits often come down to questions of whether the employer knew the employee was pregnant, and if so, whether the action taken against the employee was truly tied to the employee’s pregnancy. But,...more

DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

Illinois Releases Pregnancy Accommodation Proposed Rules

The Illinois Department of Human Rights (IDHR) released proposed rules regulating pregnancy discrimination and accommodation in employment. Released on July 17, 2015, these rules are authorized by the Illinois Pregnancy...more

New CFRA Amendments Take Effect July 1

On July 1, 2015, as previously reported, new California Family Rights Act ("CFRA") regulations will take effect. These amended regulations clarify areas of confusion and bring the CFRA into closer alignment with its federal...more

A Pregnant Pause: Using ADR to Resolve Pregnancy-Related Workplace Issues

A recent case heard before the U.S. Supreme Court, Young v. UPS (issued March 25, 2015), caught the attention of many women and employers as well. In Young, the Court interpreted the Pregnancy Discrimination Act (PDA), in...more

The ‘interactive process’ for handling work restrictions during pregnancy

Our first segments in our six-part series on pregnancy in the workplace focused on how the ADA, FMLA and PDA apply in the workplace to employees before, during, and after pregnancy and child birth. In this segment, we narrow...more

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more

Legal approaches to pregnancy in the workplace

The Obama Administration has made it clear that it wants to increase protections for pregnant employees. There is also significant discussion in the media about family-friendly workplaces. Against this backdrop, employers,...more

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her]...more

Lessons Learned from the EEOC's Guidance on Pregnancy Discrimination

A pregnant nursing assistant for a long term care facility gives her employer a doctor’s note with a 20 pound lifting restriction for the duration of her pregnancy. The job requires her to lift in excess of 50 pounds on a...more

Wait A Minute? Is Pregnancy a Disability Now?

On July 14, 2014, the Equal Employment Opportunity Commission issued guidance relating to pregnancy discrimination. Since that time, in federal courts around the country the EEOC has filed multiple lawsuits on behalf of...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

FMLA FAQ: Can an Employer Persuade an Employee to Work Instead of Taking FMLA Leave Because Her Job is Really Important?

Evans was employed by Books-A-Million (BAM) as a payroll manager. Evans apparently became pregnant at an inopportune time — right at a time when BAM was implementing a new payroll system. As supervisors are prone to do,...more

EEOC Releases Guidance on Pregnancy Discrimination Laws

Guidance Does Not Address State-specific Laws and Requirements - The U.S. Equal Employment Opportunity Commission has released its new enforcement guidance on pregnancy discrimination issues. This is the first time in...more

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

Pregnancy and “Forced Sick Leave.” The Intersection of State and Federal Law, and What Is Permissible In the Connecticut Workplace

The situation that is at the epicenter of a recent controversy involving a Pier 1 employee, and a recent Connecticut federal court case, arises in the context of a pregnant employee being unable to carry out essential job...more

Pregnant Employees Become the Subject of Heightened Attention and New Legislation

Over the past decade, the number of claims pregnant workers have filed with the Equal Employment Opportunity Commission (“EEOC”) has risen by almost 50 percent, according to the National Women’s Law Center (“NWLC”). Most of...more

More Protections for Pregnant Workers on the Horizon in New Jersey

The New Jersey Senate committee recently advanced S-2995, the Pregnant Women’s Fairness Act, a bill sponsored by Senator Loretta Weinberg, which would prohibit workplace discrimination against pregnant women. Specifically,...more

Take 5 Newsletter: California's Leave Laws Could Potentially Create the Perfect Storm for Employers

National employers often find it challenging to navigate the employment laws of the various states in which they do business. In most cases, the easiest solution may be to adopt national policies that follow federal law. This...more

My Pregnant Girlfriend's Mother Needs a Ride to the Doctor. Is That FMLA?

Last week, during the firm’s Annual Employment Law Seminar, we offered a session on complex issues under the FMLA. The session made two things totally clear....more

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more

Significant Changes to California Pregnancy Leave Will Take Effect on December 30, 2012

The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that...more

New California Pregnancy Disability Leave (PDL) Regulations Adopted

BakerHostetler's Employment and Labor Group would like to bring to your attention the following recent changes to the California Pregnancy Disability Leave (PDL) Regulations affecting employer obligations and...more

Connecticut’s “Reasonable Leave of Absence” for Disability Resulting from Pregnancy

Last week, Attorney Robin Shea of Employment & Labor Insider proposed 10 rules of etiquette that “will save you from a pregnancy discrimination suit”. Rule No. 1? Pregnancy is always good news. Always. Always....more

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