The scope of workplace protection being offered to expecting parents is expanding more now than ever. Aside from the Family Medical Leave Act (FMLA), states are increasingly enacting regulations that give expecting mothers the right to take maternity leave. Pregnancy discrimination laws also reinforce how important it is for employers to know what they can—or can’t— do when an employee becomes pregnant.
Do you have 50 or more employees working within 75 miles of your business’ location? If so, you’re required to comply with the Family Medical Leave Act. The FMLA is a federal law that allows parents to take unpaid, job-protected leave of up to 12 weeks for pregnancy, medical and other family-related purposes.
Specifically, mothers can take FMLA leave for childbirth, prenatal care, and incapacitation or serious health issues caused by pregnancy or childbirth. Fathers can use their FMLA leave for the birth of a child and to care for their spouse who is incapacitated due to pregnancy or childbirth.
To be eligible for FMLA, the employee must have worked for the company for at least 12 months, and for a minimum of 1,250 hours during the 12-month period that immediately precedes their leave.
Employers with 15 or more employees must abide by the Pregnancy Discrimination Act, a federal law that forbids employers from discriminating against women based on pregnancy, childbirth or other medical conditions caused by pregnancy or childbirth.
The PDA applies to all areas of employment, including hiring, termination, promotion, and employee benefits such as health insurance and leave. It also covers current, past and potential pregnancy. For instance, you cannot fire a female employee because of her current or past pregnancy. You also cannot discriminate against an employee because she intends to get pregnant.
Employers with 15 or more employees must also adhere to the American with Disabilities Act, which is enforced by several federal agencies, including the Equal Employment Opportunity Commission.
Pregnancy alone is not considered a disability. However, pregnant women can have illnesses or injuries that qualify as disabilities under the ADA. Pregnancy-related illnesses or injuries that may qualify as disabilities include:
Under the ADA, employers cannot discriminate against an employee whose pregnancy-related illness or injury qualifies as a disability. Additionally, employers must provide employees who have a qualified pregnancy-related disability with reasonable accommodation if necessary—unless the accommodation would cause the employer undue hardship.
Some states have maternity or parental laws that require employers (including some with fewer than 50 employees) to provide unpaid, job protected leave. Several states have a temporary disability insurance program that can be used for paid maternity or paternity leave. Also, some states have their own laws prohibiting discrimination against pregnant workers.
Michigan has not passed a state-based family and medical leave law. Therefore, applicable employers in Michigan must follow the FMLA. Michigan also does not have a temporary disability insurance program for private workers. But, it has the Elliot-Larsen Civil Rights Act, which forbids discrimination based on gender. The Act covers pregnancy and childbirth plus medical conditions stemming from pregnancy or childbirth.
Some employers offer paid, job-protected maternity leave even though they’re not bound by law to offer this option. This type of benefit not only shows that they care about their employees, it also strengthens their competitive position in the talent marketplace. For a small business, however, it might be more cost-efficient to provide unpaid, job-protected leave, regardless of whether it’s required.
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February 15, 2018
Article Care HR Professionals Over 50 Employees Insurance & Benefits