MATERNITY LEAVE
Your 7 Toughest Questions Are Answered
Question #1
Q: Do I have to tell a potential
employer on an interview I’m
pregnant?
Richard Celler Legal, P.A.
• No, you are not under an obligation
• An employer can’t refuse to hire you
because of your pregnancy
• An employer can’t ask you if you are
pregnant or plan on getting a child
Question #2
Q: I just found out that for the rest
of my pregnancy I need
accommodations at work (light
duties, sit while working, and no
lifting more than 25lbs). Can I
legally expect it from my employer?
Richard Celler Legal, P.A.
• Under the PDA (Pregnancy
Discrimination Act), you have a right to
equal treatment to employees who are
not pregnant, but who have similar
ability or inability to work
For More Information If You Have a Potential Pregnancy Discrimination Legal Claim, Visit:
http://www.floridaovertimelawyer.com/wrongful-termination-medical-leave-pregnant/
• If you have a pregnancy-related
disability, your employer is required to
accommodate you under the ADA
• Some states go beyond federal laws to
accommodate and protect pregnant
workers. Double-check your state laws
State Laws Source (Employment Protection): dol.gov
Question #3
Q: When can a father take leave for
a newborn?
When can a mother take leave for a
newborn?
Richard Celler Legal, P.A.
• Both parents have the same right to
take FMLA leave
• Under the FMLA, an employee may
take up to 12 weeks of unpaid leave
• Leave can be taken for prenatal care,
incapacity related to pregnancy, after
birth of a child due to employee’s
health condition
Question #4
Q: Can my employer deny me
pregnancy leave?
Richard Celler Legal, P.A.
• General rule of thumb:
You have a right to be treated as other
disabled employees. If your employer
grants leave to a disabled employee you
deserve leave for the same period of time
when pregnant.
Question #5
Q: I’m on pregnancy leave. How
does it affect my benefits?
Richard Celler Legal, P.A.
• If other temporarily disabled workers in
your workplace get any benefits from
your employer, you’re entitled to the
same coverage
• If you’re eligible under the FMLA, your
employer is required to maintain your
health insurance benefits
• Employers who offers employees
health insurance must include coverage
of pregnancy, childbirth, and
pregnancy-related medical conditions
• Employer’s health insurance benefit
plan:
- may not impose limitations applicable
only to pregnancy-related medical
expenses
- pregnancy-related medical costs may
not be a subject to a higher deductible
- it must cover the same % of
recoverable cost for pregnancy-related
conditions
Question #6
Q: Is it legal for an employer to
require a pregnant employee to use
her vacation benefits before she
can collect sick leave or disability
pay?
Richard Celler Legal, P.A.
• Yes, just in case if your employer has
the same requirements for absents of
employees with other types of
disabilities or illnesses
• You can read more about it here:
“Calculation of Leave Under The FMLA”
Source: dol.gov
Question #7
Q: I’m about to take intermittent
leave. Can my employer change my
job while I’m on my leave?
Richard Celler Legal, P.A.
• Your employer may transfer you
temporarily to an alternative job, but
with equivalent pay and benefits that
accommodate your intermittent leave
period better than your regular job
What Is Asbestos?
LEARN MORE ABOUT YOUR RIGHTS AS A
PREGNANT WOMAN IN A WORKPLACE
When can a father
take leave for a
newborn?
“We Protect Your Rights in the Workplace,
So You Can Focus on Protecting Your Family”
http://www.floridaovertimelawyer.com
(866)344-9243
richard@floridaovertimelawyer.com
Richard Celler Legal, P.A.
7450 Griffin Road, Suite 230
Davie, FL 33314
Phone: 954-903-7475
We Offer a FREE Initial Case Review So You Can Get
Answers for Your Employment Law Questions

Maternity Leave Rights [FAQ] Answered

  • 1.
    MATERNITY LEAVE Your 7Toughest Questions Are Answered
  • 2.
  • 3.
    Q: Do Ihave to tell a potential employer on an interview I’m pregnant? Richard Celler Legal, P.A.
  • 4.
    • No, youare not under an obligation • An employer can’t refuse to hire you because of your pregnancy • An employer can’t ask you if you are pregnant or plan on getting a child
  • 5.
  • 6.
    Q: I justfound out that for the rest of my pregnancy I need accommodations at work (light duties, sit while working, and no lifting more than 25lbs). Can I legally expect it from my employer? Richard Celler Legal, P.A.
  • 7.
    • Under thePDA (Pregnancy Discrimination Act), you have a right to equal treatment to employees who are not pregnant, but who have similar ability or inability to work For More Information If You Have a Potential Pregnancy Discrimination Legal Claim, Visit: http://www.floridaovertimelawyer.com/wrongful-termination-medical-leave-pregnant/
  • 8.
    • If youhave a pregnancy-related disability, your employer is required to accommodate you under the ADA • Some states go beyond federal laws to accommodate and protect pregnant workers. Double-check your state laws State Laws Source (Employment Protection): dol.gov
  • 9.
  • 10.
    Q: When cana father take leave for a newborn? When can a mother take leave for a newborn? Richard Celler Legal, P.A.
  • 11.
    • Both parentshave the same right to take FMLA leave • Under the FMLA, an employee may take up to 12 weeks of unpaid leave • Leave can be taken for prenatal care, incapacity related to pregnancy, after birth of a child due to employee’s health condition
  • 12.
  • 13.
    Q: Can myemployer deny me pregnancy leave? Richard Celler Legal, P.A.
  • 14.
    • General ruleof thumb: You have a right to be treated as other disabled employees. If your employer grants leave to a disabled employee you deserve leave for the same period of time when pregnant.
  • 15.
  • 16.
    Q: I’m onpregnancy leave. How does it affect my benefits? Richard Celler Legal, P.A.
  • 17.
    • If othertemporarily disabled workers in your workplace get any benefits from your employer, you’re entitled to the same coverage • If you’re eligible under the FMLA, your employer is required to maintain your health insurance benefits
  • 18.
    • Employers whooffers employees health insurance must include coverage of pregnancy, childbirth, and pregnancy-related medical conditions
  • 19.
    • Employer’s healthinsurance benefit plan: - may not impose limitations applicable only to pregnancy-related medical expenses - pregnancy-related medical costs may not be a subject to a higher deductible - it must cover the same % of recoverable cost for pregnancy-related conditions
  • 20.
  • 21.
    Q: Is itlegal for an employer to require a pregnant employee to use her vacation benefits before she can collect sick leave or disability pay? Richard Celler Legal, P.A.
  • 22.
    • Yes, justin case if your employer has the same requirements for absents of employees with other types of disabilities or illnesses • You can read more about it here: “Calculation of Leave Under The FMLA” Source: dol.gov
  • 23.
  • 24.
    Q: I’m aboutto take intermittent leave. Can my employer change my job while I’m on my leave? Richard Celler Legal, P.A.
  • 25.
    • Your employermay transfer you temporarily to an alternative job, but with equivalent pay and benefits that accommodate your intermittent leave period better than your regular job
  • 26.
    What Is Asbestos? LEARNMORE ABOUT YOUR RIGHTS AS A PREGNANT WOMAN IN A WORKPLACE When can a father take leave for a newborn?
  • 27.
    “We Protect YourRights in the Workplace, So You Can Focus on Protecting Your Family” http://www.floridaovertimelawyer.com (866)344-9243 richard@floridaovertimelawyer.com Richard Celler Legal, P.A. 7450 Griffin Road, Suite 230 Davie, FL 33314 Phone: 954-903-7475 We Offer a FREE Initial Case Review So You Can Get Answers for Your Employment Law Questions