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[Workplace Rights]
Returning To Work After Having a Baby?
Your Top 6 Maternity Leave Questions Answered
Employer Obligations
Q: How long is my employer required
to pay disability for maternity leave?
• Generally, as long as you’re unable
to work for medical reasons.
• However, your employer might
have some time limits (the same
he has for temporarily disabled
employees).
Insurance Repayment
Obligations
• Your employer may require you to
repay the employer’s share of the
premium payment if you fail to
return to work after the FMLA
leave unless:
Q: Is it legal for an employer to make
you pay back insurance paid during a
maternity leave in case you don’t
come back to work?
Insurance Payback
Exemptions
• You don’t return because of
circumstances beyond your control
(like medical condition)
• Familiarize yourself with these
protections during FMLA leave:
“Employees Protections under the
Family and Medical Leave Act” (see
‘Group Health Insurance Benefits’)
Source: dol.gov
Leave After Miscarriage
Q: I was pregnant but had a
miscarriage. Am I eligible for time off
to recover?
• You are eligible for time off to the
extent your employer covers other
temporarily disabled employees.
• If you’re not disabled according to
your health care provider and
don’t have any other form of leave,
your employer might deny you
leave.
Breastfeeding At Work
• Under the Affordable Care Act
your employer is required to
provide you with reasonable break
time and a private space to pump.
• Note: “Employers with fewer than
50 employees are not subject to
the FLSA break time requirement.”
Q: I’m breastfeeding, but my
employer doesn’t have a private
space for me to pump. Do I have any
rights in this case?
Source: Fact Sheet #73
Employer Obligations For
Breastfeeding Mothers
• Lactation needs must be treated
just as a co-worker with a similar
disability or medical condition.
• Double-check your state’s
workplace breastfeeding laws:
“Employment Protections For
Workers Who Are Pregnant or
Nursing” (by states).
Source: dol.gov
Paid Sick Time For Childcare
Q: Am I entitled to time offs for my
baby checkups?
• There is no federal law that
guarantees you time to take a child
to a doctor, but…
• Make sure to check your state laws
regarding paid sick days:
“Overview of Paid Sick Time Laws in
the United States”
Source: Paid Sick Time Laws
Job Protections Under FMLA
• Under the FMLA, your employer is
required return you to the same
job, or a nearly identical one
following maternity leave.
Q: When I return from FMLA leave, is
it legal for my employer to move me
to a different job?
• it has the same general work
schedule
• it takes about the same time and
distance to commute
• it has similar duties, status, and
required skills
• it offers identical pay (including
overtime, bonuses, and any pay
increases that happened during
FMLA leave)
• it should have the same benefits
What exactly does a nearly
identical job mean?
Returning To Work
Need More Help?
Have your rights been violated?
Connect with a qualified employment attorney who
will make sure you are aware of your legal rights, and
fight for the maximum recovery you may be entitled.
www.lawsuitlegal.com
Connecting people with legitimate legal claims to
attorneys nationwide who can help, Lawsuit Legal
makes it simple and easy to acquire award-winning
legal assistance when it's needed most.
About LawsuitLegal.com
401 E. Las Olas Blvd, Suite 130-484, Ft. Lauderdale, FL 33301
Phone (Toll Free): (888) 713-6653 | Connect with Us on Facebook
Brought to you by: https://www.lawsuitlegal.com/pregnancy-discrimination.php

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[FAQ] Maternity Protections & Employer Obligations Explained

  • 1. [Workplace Rights] Returning To Work After Having a Baby? Your Top 6 Maternity Leave Questions Answered
  • 2. Employer Obligations Q: How long is my employer required to pay disability for maternity leave? • Generally, as long as you’re unable to work for medical reasons. • However, your employer might have some time limits (the same he has for temporarily disabled employees).
  • 3. Insurance Repayment Obligations • Your employer may require you to repay the employer’s share of the premium payment if you fail to return to work after the FMLA leave unless: Q: Is it legal for an employer to make you pay back insurance paid during a maternity leave in case you don’t come back to work?
  • 4. Insurance Payback Exemptions • You don’t return because of circumstances beyond your control (like medical condition) • Familiarize yourself with these protections during FMLA leave: “Employees Protections under the Family and Medical Leave Act” (see ‘Group Health Insurance Benefits’) Source: dol.gov
  • 5. Leave After Miscarriage Q: I was pregnant but had a miscarriage. Am I eligible for time off to recover? • You are eligible for time off to the extent your employer covers other temporarily disabled employees. • If you’re not disabled according to your health care provider and don’t have any other form of leave, your employer might deny you leave.
  • 6. Breastfeeding At Work • Under the Affordable Care Act your employer is required to provide you with reasonable break time and a private space to pump. • Note: “Employers with fewer than 50 employees are not subject to the FLSA break time requirement.” Q: I’m breastfeeding, but my employer doesn’t have a private space for me to pump. Do I have any rights in this case? Source: Fact Sheet #73
  • 7. Employer Obligations For Breastfeeding Mothers • Lactation needs must be treated just as a co-worker with a similar disability or medical condition. • Double-check your state’s workplace breastfeeding laws: “Employment Protections For Workers Who Are Pregnant or Nursing” (by states). Source: dol.gov
  • 8. Paid Sick Time For Childcare Q: Am I entitled to time offs for my baby checkups? • There is no federal law that guarantees you time to take a child to a doctor, but… • Make sure to check your state laws regarding paid sick days: “Overview of Paid Sick Time Laws in the United States” Source: Paid Sick Time Laws
  • 9. Job Protections Under FMLA • Under the FMLA, your employer is required return you to the same job, or a nearly identical one following maternity leave. Q: When I return from FMLA leave, is it legal for my employer to move me to a different job?
  • 10. • it has the same general work schedule • it takes about the same time and distance to commute • it has similar duties, status, and required skills • it offers identical pay (including overtime, bonuses, and any pay increases that happened during FMLA leave) • it should have the same benefits What exactly does a nearly identical job mean? Returning To Work
  • 12. Have your rights been violated? Connect with a qualified employment attorney who will make sure you are aware of your legal rights, and fight for the maximum recovery you may be entitled. www.lawsuitlegal.com Connecting people with legitimate legal claims to attorneys nationwide who can help, Lawsuit Legal makes it simple and easy to acquire award-winning legal assistance when it's needed most. About LawsuitLegal.com 401 E. Las Olas Blvd, Suite 130-484, Ft. Lauderdale, FL 33301 Phone (Toll Free): (888) 713-6653 | Connect with Us on Facebook Brought to you by: https://www.lawsuitlegal.com/pregnancy-discrimination.php