How Does Maternity Leave Work?

How Does Maternity Leave Work?

In the workplace, you can’t be discriminated against because you’re pregnant or have recently had a baby. You also can’t be terminated or discriminated against because you may have a baby at some point in the future. These are all examples of sex discrimination — and they’re all illegal. Whether you’re on maternity leave or are seeking maternity leave, you have certain protections you should know about.

What Can You Do if You Suspect Pregnancy Discrimination?

There are a few situations when you may suspect discrimination:

• No woman at your company stays after having a baby. If women in leadership positions are rare, or if no one in the company keeps their jobs after parting for maternity leave, this may establish a pattern of discriminatory behavior. Before applying for maternity leave, you may wish to speak to a workplace discrimination attorney about your options and rights.
• An employer or manager directly mentions pregnancy, maternity leave or childbearing when discussing why you were terminated or why you didn’t get a promotion. Maternity leave discrimination and sex discrimination are rarely this blatant, but it does happen. If a manager, supervisor, employer or other leader at your company makes any statement suggesting maternity leave, a request for maternity leave or any related situation may be behind a demotion, lack of promotion or termination, take note of when, where and at what time the conversation took place. Note the words as closely as you can and write down the names of anyone who may have witnessed the exchange. Then, contact an employment discrimination attorney.
• No other employees are treated the way you and other employees on maternity leave are. Perhaps other employees with the same seniority are routinely given promotions when they have the same track record, but after maternity leave or a request for maternity leave, you aren’t offered the same promotion. Or perhaps you’re terminated during your maternity leave, while others with similar performance at the company are given raises. Pregnancy discrimination cases can be filed in circumstances where an employer treats pregnant workers differently than other employees.
• You are given poor reasons for termination or lack of promotion. Maybe you’re told the company needs someone more experienced for a position, but the position is filled by someone with less experience than you. Or perhaps they say you’re being terminated due to the company’s financial strains, only to learn the company is spending money on other expenses. If this sounds like your situation, it may be time to speak to an attorney.
• The timing is strange. Sometimes, your case may not look like the pregnancy discrimination examples mentioned here. Instead, you may wonder whether you face workplace discrimination due to maternity leave simply because a termination or demotion happened with some suspicious timing. If you’re unsure, speaking with an attorney may help.

In many cases, the Family and Medical Leave Act (“FMLA”) provides that once you return from leave, you have the right to return to the same work and job as before you left, with the same salary, benefits and terms. If you took additional leave and changes occurred to the company while you were gone and your job is no longer available, you have the right to return to a comparable job with similar duties and the same salary and benefits. Your employer can’t simply replace you with the worker they hired in your place while you were on leave.

Where to Turn for More Help

If you’re wondering “Can my employer ask if I am pregnant?” or whether you have a discrimination case in the state of Pennsylvania, contact Weisberg Cummings, P.C.. Our legal team can help you understand your rights and explain your options. It can be difficult to tell whether discrimination has played a factor in your career, but if your employer is asking questions they shouldn’t be — such as whether you’re pregnant — or treating you differently after you ask for maternity leave, consult with an attorney.