If your company is making it tough for you to take your parental leave what should you do?

By Henrie Depuisse


Discrimination based totally on pregnancy is unlawful under both the California Fair Employment and Housing Act (FEHA) and the Fed. Title VII laws

This includes discrimination based primarily on pregnancy, childbirth, or related medical conditions.

Even discrimination based mostly on the "potential" for pregnancy is illegal. For example, in one case a manufacturing company would not permit women to work certain jobs because if they were pregnant there may be damage to their fetus. This was against the law discrimination. Additionally it is illegal for an employer to ask a potential worker whether or not she is or intends to become pregnant.

Accommodating Pregnancy and Parental Leave

Companies have a bunch of responsibilities to staff who fall pregnant. For instance, if a woman falls pregnant, and with the guidance of her doctor asks for a position that is less energetic or unsafe, the employer must transfer her to another position if it has one, or can make one without being "unduly burdened." Essentially, if it is not that much trouble for the employer to accommodate the woman's wishes he must do it.

Pregnancy Family Medical Leave

Fed Title VII Law doesn't explicitly require companies to assign Pregnancy leave, although it does forbid Pregnancy discrimination. But the Fed. Law does need companies to grant medical leaves, which are applicable to expecting moms.

The California FEHA particularly gives pregnant staff the prerogative to take a leave of absence for a reasonable time period, not to surpass 4 months. The employer doesn't have to pay his worker during this time.

A "reasonable period" is thought of as the time period where the girl is "disabled" due to her pregnancy, birth, or related conditions. "Disabled" in this context basically means she won't work. In a Pregnancy leave, a woman might also use any vacation time she has accumulated.

Employers can require any employee who plans to take a pregnancy leave to give the employer reasonable notice of the date the leave will start and how long it is expected to last. Asking for that notice isn't considered parental leave discrimination.

Bosses usually can't force a pregnant employee to go on pregnancy family medical leave. It is there if the woman wants it. Nevertheless if the employer can show the girl absolutely cannot do her job, or is "disabled" by the pregnancy, he could be allowed to make her take a leave of absence. This is nonetheless , a very difficult situation for the employer, because it's likely the pregnancy can somehow be housed, suggesting the woman should be allowed to stay.




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