If you have 15 or more employees, you're subject to the federal Pregnancy Discrimination Act (part of Title VII of the Civil Rights Act of 1964). Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other job applicants or employees on the basis of their ability or inability to perform the required work. Women may not be fired, refused a job, denied a promotion, or forced to go on leave merely because of pregnancy.
Pregnancy leave is a form of medical leave. If your policies permit other employees who take disability leave to return to work, you must treat pregnant women the same way. Parental leave, in contrast, is leave to care for a child, including an adopted child. If you're required, or choose, to provide this type of leave, avoid problems with state or federal antidiscrimination laws by providing both male and female employees the same benefits.
Several states have pregnancy and parental leave laws that affect employers with fewer than 15 employees. If you are in one of these states, make sure that you understand and comply with the requirements of your state's laws:
|
|
You may want to create a policy that explains your procedures for employees who are taking pregnancy or parental leave to facilitate handling requests for the leave.
Here are some sample leave or time off policies, including pregnancy and parental leave policies.
Copyright 2006, CCH INCORPORATED. All Rights Reserved.