When do I need to tell my employer when I want to start maternity leave?
At least 15 weeks before the baby is expected, your employees must tell you the date that: the baby is due. they want to start their maternity leave – they can change this with 28 days’ notice.
What should an employer do if an employee is pregnant?
Where there are risks, the employer should take reasonable steps to remove them. For example, offering the employee different work or changing their hours. The employer should suspend the employee on full pay if they cannot remove any risks. For example, offering suitable alternative work.
When does an employer need to provide accommodations for a pregnant employee?
“So while [the PDA] doesn’t require accommodations itself, if an employer provides light duty or similar to employees on workers’ comp or with cancer, for example, the employer would have to provide similar accommodations to a pregnant employee,” Gepp said.
Can a woman be excluded from a job if she is pregnant?
Potential Pregnancy. An employer may not discriminate based on an employee’s intention or potential to become pregnant. For example, an employer may not exclude a woman from a job involving processing certain chemicals out of concern that exposure would be harmful to a fetus if the employee became pregnant.
Can a supervisor ask a pregnant employee a question?
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.
Employers are also required to make reasonable accommodations for employees who have work-related limitations stemming from pregnancy, childbirth or a related condition. This may include temporary transfer to a less strenuous or less hazardous position, if an employee so requests upon the advice of her health care provider.
When do employers require medical confirmation of pregnancy?
When an employee seeks Family and Medical Leave for a serious health condition, the company routinely gives the employee requesting the leave the DOL medical certification form to be completed by their healthcare provider.
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.
What are the legal rights of pregnant workers?
Legal Rights of Pregnant Workers under Federal Law If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law.