Many women are extremely confused about their employment rights as expectant and new mothers. Many employers are also confused! When so few understand the various laws that apply, it is possible that you are also misinformed. This
article is a short summary of a very complicated area of the law.
First, many employees are entitled to twelve weeks of unpaid leave every year under the Federal Family Medical Leave Act for the care of their newly born or adopted child. While this time is unpaid, it may be used simultaneously with disability benefits or the employee’s paid time off. An employee cannot be terminated for utilizing leave, and must be offered the same or a comparable position upon their return. This law applies to those individuals who have worked for a total of 20 or more workweeks in the current or preceding calendar year and who are employed by a business with 50 or more employees.