Modern Tools

Can an employer make you take a pregnancy test?

Can an employer make you take a pregnancy test?

Federal law does not prohibit employers from asking you whether you are or intend to become pregnant. However, because such questions may indicate a possible intent to discriminate based on pregnancy, we recommend that employers avoid these types of questions.

When do you have to tell your employer you are pregnant?

If the employee is not taking Statutory Maternity Leave, they must take 2 weeks off after the baby is born – or 4 weeks if they work in a factory. Employees must tell their employer about the pregnancy at least 15 weeks before the beginning of the week the baby is due.

What are the rights of a pregnant employee?

Pregnant employees’ rights. Pregnant employees have 4 main legal rights: paid time off for antenatal care. maternity leave.

Can a pregnant employee be considered for FMLA?

A. Yes. Maternity leave or disability that results from pregnancy would be considered qualifying FMLA leave for a serious medical condition and may be counted in the 12 weeks of leave as long as the employer propertly notifies the employee in writing of the designation.

Can a pregnant employee choose a lower level job?

The decision singles out two pitfalls for companies in regard to pregnant employees: A supervisor’s question to an employee about her family and childbearing plans has no place in hiring, promotion or other employment decisions. An employer may not usually ask a pregnant employee to choose between a lower-level job and resignation.

Is it illegal to ask an employee if she is pregnant?

Another no-no is that an employer or a prospective employer may not ask an employee or qualified job candidate whether she is pregnant. Merely asking, or basing a hiring or promotion decision on pregnancy, is a violation of labor law and can result in legal liability against the employer.

Are there any laws that protect pregnant employees?

Pregnant employees may not be discriminated against and may be entitled to time off from work. If you’re a pregnant worker, two federal laws protect your workplace rights. The first law is the Pregnancy Discrimination Act of 1978, which is an amendment to Title VII of the Civil Rights Act of 1964.

Is it legal to take pre employment test?

But are these pre-employment screening tests legal? The answer is: usually. The Equal Employment Opportunity Commission (EEOC), the body that enforces employment laws, provides an Employment Tests and Selection Procedures fact sheet to help business owners understand the legal issues surrounding these tests.

Can a company discriminate on the basis of pregnancy?

Under the Pregnancy Discrimination Act (PDA), your employer cannot discriminate against you in the terms of your employment on the basis of pregnancy, childbirth, or related conditions. The second law is the Family and Medical Leave Act.