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Pregnancy and FMLA

Pregnant? Your Employer Cannot Treat You Differently

If you work for a company with more than 50 employees, your employer is required to follow federal and state regulations relating to pregnancy and time off for family medical leave. Your employer must grant you eight weeks of medical leave upon the birth of your baby.

The U.S. Department of Labor’s Family Medical Leave Act makes it clear:

Employers* (with 50 or more employees) must grant an eligible employee up to a total of 12 work-weeks of unpaid leave of absence during any 12-month period for one or more of the following reasons:

  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

“The FMLA effects employers with 50 or more employees but you may still have a valid grievance if you work for a small company. Talk to us about protecting your rights if you are pregnant or considering family medical leave.” — James Vagnini

The company may discriminate against you or retaliate against you for filing a claim. Some typical discrimination practices include:

  • Reassigning you to a department out of your career path
  • Assigning you to a lower paying position during your pregnancy
  • Refusing medical health care benefits available to other employees
  • Cutting your hours and pay during your pregnancy

Talk to an Experienced Labor Law Attorney at VKV

If you have been denied your FMLA benefits or feel you have been discriminated against in any way because of your pregnancy, talk to an experienced employment litigation attorney at VKV. Our lawyers offer more than 40 combined years of experience representing clients in cases involving workplace discrimination and violations of federal and New York state labor laws. We have represented employees in thousands of trials and mediations involving discrimination and the denial of workers’ rights.
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Contact our offices in Garden City to discuss your FMLA or discrimination case with one of our attorneys. You will find us comfortable, easy to talk to and passionate about helping you protect your rights in the workplace.

*www.dol.gov/esa/whd/fmla/