Get the answers to the most frequent questions we are asked about taking maternity leave from your job. Your employer has certain obligations they MUST adhere to by federal and state law if they don't wish to violate the law. Find out how much paid leave you are entitled to, what accomodations your employer is obligated to make if you can't perform your normal duties because of your condition. These are the questions we most commonly are asked at our employment law firm when asked to determine whether pregnancy discrimination has occurred. When you become pregnant, if your boss has been treating you differently than employees with disabilities are treated, as a general rule of thumb, you may be being discriminated against. If so, you have legal recourse. The Pregnancy Discrimination Act among other regulations exist to ensure maternity doesn't affect your employment. For more information about how the employment laws apply to your situation visit: https://www.floridaovertimelawyer.com

1. MATERNITY LEAVE
Your 7 Toughest Questions Are Answered

2. Question #1

3. Q: Do I have to tell a potential
employer on an interview I’m
pregnant?
Richard Celler Legal, P.A.

4. • 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

5. Question #2

6. 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.

7. • 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/

8. • 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

9. Question #3

10. Q: When can a father take leave for
a newborn?
When can a mother take leave for a
newborn?
Richard Celler Legal, P.A.

11. • 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

12. Question #4

13. Q: Can my employer deny me
pregnancy leave?
Richard Celler Legal, P.A.

14. • 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.

15. Question #5

16. Q: I’m on pregnancy leave. How
does it affect my benefits?
Richard Celler Legal, P.A.

17. • 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

18. • Employers who offers employees
health insurance must include coverage
of pregnancy, childbirth, and
pregnancy-related medical conditions

19. • 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

20. Question #6

21. 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.

22. • 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

23. Question #7

24. 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.

25. • 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

26. What Is Asbestos?
LEARN MORE ABOUT YOUR RIGHTS AS A
PREGNANT WOMAN IN A WORKPLACE
When can a father
take leave for a
newborn?

27. “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
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Answers for Your Employment Law Questions