PREGNANCY RIGHTS
Your employer cannot discriminate or retaliate against you because you plan to get pregnant, are pregnant, or are returning to work after pregnancy.
Stokar Law has helped our clients recover compensation for several different types of pregnancy discrimination. If you need a lawyer to assert your rights in any of the following areas, please contact Stokar Law for a confidential, no-cost consultation.
Anti-Discrimination Protection:
Both federal law and Ohio law prohibit employers from discriminating against pregnant women. This discrimination can take various forms. Examples of obvious and blatant discrimination are termination, demotion or a reduction in pay, sales territory / clients, or hours. Often, discrimination is less obvious. Employers may assign you different tasks, may assign you tasks beyond your doctor’s prescribed restrictions or may attempt to make work more difficult trying to get you to quit. Many, if not all, of these behaviors are unlawful, and it is very important to know your rights.
Time Off:
Currently, there is no federal or state guarantee for paid time off from work for pregnancy or delivery. However, federal law allows for employees of certain size companies, who have met a minimum pre-leave work requirement, up to 12 weeks unpaid leave for pregnancy and recovery. If you meet the necessary eligibility criteria, you may also be entitled to occasional time off during the pregnancy, as your medical condition dictates. During your time off under this law, your employer must hold your job open for your return, but they are not obligated to pay you. These rights are separate and distinct from any vacation or paid time off you may have with your employer; however, they often work in conjunction.
Paid Maternity Leave:
If you are lucky enough to work for an employer who offers paid maternity leave (either full or partial) you are, sadly, in the minority. However, many companies have short-term disability policies that cover pregnancy. To avoid an increase in premiums, your employer may misrepresent the terms of the policy to prevent you from receiving benefits to which you are entitled. However, the decision to apply for and receive the benefits is yours, not your employer’s. Ask for a copy of any policy to verify what the policy actually says and compare it to what your employer claims it says. If you receive a copy of the policy and still have questions, contact Stokar Law for a FREE consultation to determine if your rights need to be protected.
Light Duty:
Often, your physician will place you on certain physical restrictions (maximum weight to be lifted, number of hours on your feet, how often you must eat or drink) while pregnant. Employers often try to get around these restrictions with their “light duty” policies. However, courts are becoming increasingly sensitive to an employer’s misuse of a light-duty policy to discrimination against pregnant women. If you have seen others at your work given light-duty work, but your request for light-duty work because of pregnancy is denied, you should immediately contact Stokar Law.
Returning to Work:
Once you return to work, your rights regarding pregnancy continue. Certain employers are required to provide a reasonable amount of break time and a space to allow new mothers to express milk as frequently as needed by the nursing employee, for up to one year following the birth of the employee’s child. The frequency of breaks needed to express breast milk as well as the duration of each break will likely vary. The space provided by the employer cannot be a bathroom, and it must be shielded from view and free from intrusion by coworkers or the public. Because not all employers are required to provide this benefit, you should contact Stokar Law to discuss your rights.