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Pregnancy & Employment Rights

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    Family Leave Act

    • The Family Medical Leave Act (FMLA) became a federal law within the United States in 1993, according to the U.S. Equal Employment Opportunity Commission. Under FMLA, employees have certain rights and protections that provide for medically necessary work leave periods. In order to be eligible for FMLA provisions, employees must work a minimum of 1,250 hours prior to starting a work leave period. The law describes pregnancy as a medical condition that falls within FMLA guidelines. Work leave rights regarding pregnancy-related circumstances extend to both men and women. While on and when returning from leave, an employee's job status and associated benefits held before leave remain intact throughout this period. FMLA requirements apply for employers with 50 or more employees.

    Title VII Rights

    • Title VII, also known as the Pregnancy Discrimination Act of 1978, exists as an amendment to the Civil Rights Act law of 1964. According to the U.S. Equal Employment Opportunity Commission, title VII provides specific rights and protections in cases where pregnancy-related medical conditions apply within the workplace. Under the Pregnancy Discrimination Act, employers cannot discriminate against employees affected by pregnancy or those who plan to become pregnant at a future date. This law applies to employers with 15 or more employees and prohibits them from imposing any restrictions or interfering with an employee's right to take a scheduled leave from work.

    Employee Work Leave

    • Employee provisions under FMLA allow for up to 12 weeks of work leave within a 12-month period for pregnancy-related conditions, according to the U.S. Department of Labor. Employees have the right to take the time in intervals or as a full 12-week leave from work--provided a doctor's authorization is given. These provisions also apply for men who become the primary caretaker when a pregnancy-related condition occurs.

    Physical Status

    • Under federal law, pregnancy conditions garner the same rights and protections as those granted for incidents where short-term disability applies. According to the U.S. Equal Employment Opportunity Commission, these provisions prevent employers from eliminating an employee's job or revoking any benefits that existed prior to a work leave period. Employees requiring medical care for pregnancy-related conditions also must receive the same health insurance rates as other employees, regardless of the type of treatment needed. The short-term status attributed to pregnancy conditions prohibits employers from discriminating against employees during the hiring process or as a limitation for future job promotions as well.

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