In this data snapshot - 3rd in our series exploring workplace pregnancy rights issues - we reveal the 7 most common questions working women ask about their rights when pregnant on the job. If you love your work and are considering having a baby, this Question & Answer brief is for YOU. Your rights and how the employment protections apply are answered for the following: 1. How to determine FMLA eligibility for maternity leave? 2. How does sick leave taken during the last year affect eligibility? 3. When is it unlawful for your employer to deny you pregnancy related medical leave? 4. What accommodations and job assignment adjustments are you entitled due to your condition? 5. What happens if you can't work at all? 6. What happens to your job if you take extended leave? 7. What can you do if your employer doesn't violates your rights in some way? For answers to these questions, take a few moments to view the presentation. Hopefully this helps you have a better understanding of your rights at work if you become pregnant - and puts your mind at ease as to what you can count on at your job. We hope you enjoy this presentation. If you found it helpful, please don't forget to like or share it to help ensure other mothers know their rights.

1. [Workplace Rights]
Working While Pregnant – Your Rights?
Your Top 7 Questions Answered

2. #1 Most Frequently Asked
Question
• If you can answer ‘yes’ to all three
of these questions, you should be
entitled to 12 weeks of maternity
leave:
Q: Am I eligible for maternity leave
under the FMLA?

3. • Are you a part of a company with
50 or more employees living within
75 miles of a workplace?
Or work for the public (including
federal, state, local) or
an educational agency?
Do I Qualify For FMLA
Benefits?
Question #1:

4. • Have you been working for your
recent employer for at least 12
months?
Do I Qualify For FMLA
Benefits?
Question #2:

5. • Have you worked at least 1,250
hours in the last 12 months?
Do I Qualify For FMLA
Benefits?
Question #3:

6. How Much Maternity Leave
Are You Entitled?
If you answered YES, under FMLA
you are entitled to 12 weeks
maternity leave for childbirth.

7. Qualifying For Leave
• No. The 1,250 hours include only
those hours you actually worked
for your employer.
Q: I took some time off for vacation
and had a sick leave during the last
12-month period. Does that time
counts toward the 1,250 hours?

8. Labor Law: Rule Of Thumb
• Does your company grants leave to
other temporarily disabled
employees?
• If yes, your employer must also
grant you leave (for the time
you’re disabled by pregnancy)
Q: My employer denies me pregnancy
related medical leave. Is it legal?

9. If You Don’t Qualify For
FMLA Protected Time Off
• If your employer doesn’t grant
leave to other temporarily disabled
workers, than you’re not entitled
either (unless you qualify under
the FMLA)

10. Accomodation Requirements
For Pregnant Workers
• Inform your employer
• Under the ADA you might be able
to get a right accommodation
• Most likely your employer will ask
you to provide a letter from your
health care provider regarding
your pregnancy-related condition
Q: Due to my pregnancy I need an
accommodation or light duty at
work? How do I get one?

11. Doctor’s Letter To Describe
• Also, most likely your health care
provider would need to suggest
type of accommodation that would
meet your needs

12. Legal Rights Fact Sheet
Source: U.S. Equal Employment Opportunity Commission EEOC.GOV
• Read more about this topic in the
document:
“Helping Patients with Pregnancy-
Related Limitations and Restrictions
at Work”

13. What If I Can’t Work?
• You may qualify for leave under the FMLA
• Some states have additional protection.
Check your state’s laws:
“State Family and Medical Leave Laws
that Differ from the Federal FMLA”
Q: What options do I have if I can’t
work at all because of my pregnancy?
Source: NCSL.ORG

14. Pregnancy Rights Explained
Simply
• Familiarize yourself with the legal
documents regarding your pregnancy
rights in the workplace.
This presentation has a good list:
“[Cheat Sheat] Pregnancy Rights In The
Workplace. Your Most Important Resources
in One Place”
• Make sure to check out your company
policy as well
Source: Slideshare.net

15. Is Your Job Protected While
On Leave?
Q: What happens to my job while I’m
on a pregnancy leave?
• Your employer must keep a job open for a
pregnancy-related absence on the same
basis as jobs that are hold open for
employers on sick leave or disability leave
for other reasons

16. Unlawful Employer Actions
Q: What happens if I’m denied my
pregnant employee rights, mistreated
for taking FMLA or experience any
form of pregnancy discrimination?
• It’s illegal for your employer to deny the
exercise of FMLA rights, retaliate against
you for filing a complaint, or exercise any
form of pregnancy discrimination

17. Employers Who Violate Your
Rights
• If your employer has violated the
PDA or FMLA, you may be entitle
to recover some damages
(back pay, front pay, reinstatement,
punitive or compensatory)

18. Have More Questions?

19. Have your rights been violated?
Connect with leading employment attorneys 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.
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