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Are you a pregnancy discrimination victim?
December 10, 2010

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Employee Rights News You Can Use

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Hello,

Well, we've come to the end of another year! I would like to personally thank my subscribers for allowing me to share are common experiences as job seekers and employees. As 2010 comes to a close I look forward with excitement to 2011.


There are many indicators pointing to an improved economy. Part of my passion is working to ensure that also translates into more workplace opportunities and greater awareness and education concerning our rights!


I pledge to continue to provide quality info you can use to enhance your employment experience. Why? Because I'm also an employee who makes it his business to stay on top of what's happening at work.

As always what matters to me....is to help my fellow employee!

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Date December 10, 2010

Issue #21

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Article

Are you a pregnancy discrimination victim?

If job seekers and employees are pregnant, the employer better not violate any of the following;

  • pregnancy disability leave
  • federal pregnancy discrimination law
  • FMLA rights
  • state maternity leave laws


Our employers are not legally required to give paid maternity leave. However, the majority must abide by the(FMLA)Family Medical Leave Act and the (PDA)Pregnancy Discrimination Act.


What is the PDA?

The Pregnancy Discrimination Act makes it illegal to discriminate against employees and applicants on the basis of "pregnancy, childbirth and related medical conditions". Businesses and organizations must not discriminate against female job applicants or employees because of pregnancy or abortion.


Businesses can't terminate you because of pregnancy or force you on leave as long as you are able to perform your job duties. Here some other PDA guidelines;

  • You can't be forced to buy family insurance from single coverage
  • You can be required by your boss to use vacation benefits before disability or sick leave
  • Single female employees can't be denied maternity benefits
  • Employers must give same insurance coverage for pregnancy as other illnesses and disabilities


Here's an important tip!

Make sure you check your state's maternity leave laws! They may provide even more benefit than FMLA or federal maternity leave. The following states are examples;

California, New Jersey, Hawaii
Partial benefits for temporarily disabled employees involving medical reasons like childbirth. Temporary insurance benefits as partial wage replacement. This covers businesses with as few as five employees with a four month leave cap. This is in addition to the california Family Rights Act. Employers covered under both Acts get four months of pregnancy disability leave and 12 weeks to care for a new born child!

Tennessee
Female employees get 16 weeks of childbirth leave from private and public employers with 8 or more employees.

Rhode Island
For birth, adoption or serious illness of a child, spouse or parent, private employers of 50 or more and public employers of 30 or more must offer 13 weeks of leave in any two calendar years.

The Pregnancy Discrimination Act requires our employers to give disability and sick leave equal to other employees getting leave for temporary disability. Female employees taking maternity leave have to be reinstated equal to employees reinstated from disability leave.


All employers covered under Title VII of the Civil Rights Act of 1964 with 15 or more employees MUST not violate the PDA! If your employer uses a light duty program watch to see if it's being applied equally among all employees. If my boss allows certain employees light duty but deny it for others especially those who are pregnant that's a recipe for a lawsuit.


EEOC statistics reveal pregnancy discrimination complaints have increased dramatically in recent years. These complaints have increased about forty percent in the last ten years with a fourteen percent in just the last year. Pregnancy discrimination continues to be one of the fastest-growing category of claims with the EEOC.


If you are a career seeker or employee whether male or female learn more about how pregnancy discrimination can affect your workplace experience.

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More Blessings To Come!

Yancey

Employee Rights Educator, Coach, Trainer, Advocate, Webmaster
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PUBLISHING SCHEDULE

Your Basic Employee Rights eNews is published the first week of the month, 12 weeks per year. From time to time we will publish special features that affect employees in the workplace. We may also offer third party resources that will be of benefit to you our valued subscriber.

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