________________395 HUDSON STREET, NEW YORK, NY 10014-3684 (212) 925-6635 FAX: (212) 226-1066 Legal Resource Kit Pregnancy and Parental Leave: An Employment Guide ________________395 HUDSON STREET, NEW YORK, NY 10014-3684 (212) 925-6635 FAX: (212) 226-1066 Please Note Copyright © 2005 Legal Momentum. The materials contained in this Legal Resource Kit provide general information. This Kit should not be used as a substitute for an attorney's services. The publications in this Kit are for informational purposes only. They do not constitute legal services or representation and are not to be used in place of a consultation with an attorney. The Legal Department at Legal Momentum updates the Legal Resource Kits as often as possible. However, it is best for you to contact an attorney in your state or city for the most current laws regarding your case. uLegal Resource Kit: Pregnancy and Parental Leave, An Employment Guide u Legal Disclaimer ________________395 HUDSON STREET, NEW YORK, NY 10014-3684 (212) 925-6635 FAX: (212) 226-1066 Contents Introduction and Overview of Federal Law………………………2- 7 Disability Leave for Pregnancy………………………………......8-10 What Can I Do If I Think My Rights Have Been Violated?…....11-16 Notes…………………………………………………………..17-19 Resource List…………………………………………………..20-29 uLegal Resource Kit: Pregnancy and Parental Leave, An Employment Guide - 1u Contents ________________395 HUDSON STREET, NEW YORK, NY 10014-3684 (212) 925-6635 FAX: (212) 226-1066 Introduction and Overview of Federal Law Discrimination against pregnant women has long been a part of employment in the United States. Pregnant women have lost their jobs, been refused unemployment benefits, been denied sick leave and health insurance benefits, and suffered many other forms of discrimination. Fortunately, the law has changed over the last two decades, and pregnant workers now have more rights than ever before. This Legal Resource Kit is designed to give an overview of how the law does and does not protect you so that you can make informed decisions about how to guard against discrimination. This legal resource kit is not a substitute for the services of an attorney. I. FIRST STEPS WHEN YOU LEARN YOU and their aftermath; and ARE PREGNANT 2) child care or child-rearing leave, which consists of the time after birth or adoption during which a parent cares for Find out about your employer's policy. Check with your the child. union, if you have one, or your company’s personnel office. Often, company policy is not in writing. In that These are sometimes treated quite differently under the case, you'll need to do some research. After you find out law, as will be explained later. what the company's official policy is, talk to other women who have taken maternity leave. Ask how they were Which Laws Apply to Pregnancy and Maternity treated, and see how that differs from what’s “official.” Leave? Second, take a close look at how men and women with If you believe that your employer is discriminating against non-pregnancy disability leave have been treated, so you you, you should know the federal, state and local laws can determine whether treatment is evenhanded. (municipal laws) that protect you. The two main types of Combined with your research efforts at work, the law that apply to pregnant workers and new parents are following information should help you understand what federal and state law. Federal laws are passed by the your rights are under the law. United States government and apply to all states. This Kit focuses on the federal laws designed to protect II. MATERNITY LEAVE against sex discrimination on the basis of pregnancy and provide for disability and parenting leaves: Title VII of What is maternity leave? the Civil Rights Act of 1964, which includes the Pregnancy Discrimination Act of 1978, and the Family There are two types of leave that can be called and Medical Leave Act of 1993. They are described “maternity leave”: below and in the charts on pages 5-7. 1) disability leave, which consists of the time a woman is In addition to federal law, most states and many cities and unable to perform work because of pregnancy, childbirth towns have their own equal employment laws, which in uLegal Resource Kit: Pregnancy and Parental Leave, An Employment Guide - 2u Introduction and Overview of Federal Law u Legal Momentum u some cases give you more rights and remedies and more that you might become pregnant in the future. 2 This favorable procedures. State laws are only valid in the means that any benefits, leave or reinstatement rights individual state in which the law was passed. You should other workers get from your employer when they cannot check with the state and municipal departments of work for health reasons should be available to pregnant employment / human rights / human relations for women and new mothers who are temporarily physically information on state and local laws in your area. disabled. For example, any health insurance provided by an employer must cover expenses for pregnancy-related The "Resource List" at the end of this kit includes a conditions on the same basis that it covers other medical number to locate the Equal Employment Opportunity conditions. Likewise, if employees with conditions such Commission (“EEOC”) office nearest to you as well as a as heart attacks, surgery, etc. receive disability list of each state's equal employment agencies where compensation, it must also be provided for women who pregnancy discrimination claims are filed. Additional are temporarily disabled due to pregnancy or childbirth. state and city numbers are in your telephone directory. You should be aware, however, that sometimes the III. RELEVANT FEDERAL LAWS official policy of the company may say that no one is entitled to disability leave, but in practice they’ve bent the Title VII of the Civil Rights Act of 1964 (Title VII) rules for a male employee who had a bypass operation, (applies to companies with 15 or more employees within for example. If that is the case, the company must also 75 miles) bend those rules for pregnant women. For example, if a company without a disability policy lets a man who has Title VII covers many forms of discrimination you may had a heart attack take a paid leave, then that employer is encounter because of your sex in decisions about hiring, obligated by federal law to give paid leave to a woman firing, work assignments and conditions, promotions, who cannot work because of pregnancy for as long as she benefits, training, retirement policy and wages. Labor cannot work. unions, employment agencies and joint labor- management committees are also prohibited from Unfortunately, if other temporarily disabled workers are practicing these forms of discrimination. All sex not entitled to benefits, then neither are pregnant women discrimination is prohibited; that is, your supervisor may or temporarily physically disabled new mothers. Nothing not treat you less favorably than he would a man in the in Title VII requires an employer to provide disability same situation because of your sex. In 1978, Congress leave or pay medical or hospital coverage to any worker. passed the Pregnancy Discrimination Act (PDA),1 Title VII does, however, prohibit employers from amending Title VII in order to clarify that discrimination refusing to hire someone due to pregnancy or from firing based on pregnancy is a form of sex discrimination. someone due to pregnancy. Although even today many From here on in this Kit, references to Title VII should companies tell pregnant women that they must quit work be understood to include the PDA. a specified amount of time before their due date, the law prohibits employers from forcing an employee to go on Title VII prohibits employers from treating pregnant maternity or disability leave when she is able to work. women or temporarily physically disabled new mothers differently from other temporarily sick, injured or disabled employees. To begin with, it is illegal for an employer to fire you, or refuse to hire you, because you are pregnant. An employer is also prohibited from Family and Medical Leave Act (applies to companies making employment decisions based on the possibility with more than 50 employees within 75 miles) uLegal Resource Kit: Pregnancy and Parental Leave, An Employment Guide - 3 u Introduction and Overview of Federal Law u Legal Momentum u to the employer. In addition, employers are not required In 1993, Congress enacted the Family and Medical Leave to reinstate employees who would have been laid off had Act (FMLA).3 The FMLA guarantees an employee who they continued to work during the leave period, as for has been working at least a year for a company with 50 or example, during a general layoff. The FMLA does not more employees the right to job-protected, 12-week pre-empt state laws that may provide for longer unpaid unpaid leave to recover from a serious medical condition leave or for paid leave. -- including pregnancy -- or to care for a newborn, a newly adopted child, or a seriously ill child, parent or What can I do if my company has less than 15 spouse. Under the FMLA, the employee may take up to employees? twelve weeks of such leave every year. The FMLA guarantees that at the end of the leave the employee will Although smaller companies are not required to offer be given the same job she left or another job equivalent pregnancy or other disability leave under Title VII or the in pay, benefits and other terms and conditions.4 FMLA, they may be required to do so by state law. Or, However, an employee in the highest-paid 10% of the the company itself may choose to offer paid or unpaid employer’s work force is not guaranteed reinstatement if disability leave.