My Employer Does Not Think I Can Do My Job So It Wants Me To Take Maternity Leave Before Childbirth. Can They Require That I Leave Before Childbirth?
If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby’s birth.
Yes. Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions.
Yes. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions. These fringe benefits include accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.
No. An employer may not have a rule that prohibits an employee from returning to work after a predetermined length of time after childbirth.
Employers must hold open a job for a pregnancy-related absence the same length of time that jobs are held open for employees on sick or disability leave.
It is unlawful to retaliate against an individual for opposing employment practices that discriminate for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding or litigation for unlawful discrimination.
Our Guide to Filing a Charge of Employment Discrimination will provide you some answers to starting the process of protecting your rights.
It is unlawful to retaliate against a person for imposing employment practices that discriminate based on sex or filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding or litigation under state or federal sexual harassment laws.
Like most employment law cases, discrimination cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.
Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our focus is on the employees.
Our employment lawyers regularly represent clients at the Department of Labor, EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.
Pregnancy discrimination can take many forms but it involves discrimination on the basis of a pregnancy, childbirth, or related medical conditions. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other employees with similar abilities or limitations.