Maternity Leave Federal Law

III. Maternity Leave Federal Law

Two federal laws provide protection and rights for pregnant women in the American workforce, the Pregnancy Discrimination Act and the Family and Medical Leave Act.

The Pregnancy Discrimination Act (PDA)  was passed in the late 1970’s as an amendment to Title VII of the Civil Rights Act of 1964.

The PDA states that women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other job applicants and employees on the basis of their ability or inability to work.

In 1993, Congress passed the Family and Medical Leave Act (FMLA).  FMLA is intended to give employees a way to balance work and family responsibilities by giving them the ability to take unpaid leave for certain health-related reasons without the risk of losing their job.

This law involves entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; sets requirements for notice and certification of the need for FMLA leave; and protects employees who request or take FMLA leave.

The law also includes certain employer recordkeeping requirements. It is very, very important to realize though that FMLA covers only certain employers and affects only those employees who meet certain eligibility requirements.

An estimated 60% of the American workforce is eligible for FMLA leave.

Proceed to - Federal Law: Pregnancy Discrimination Act

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