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.
There are a few situations when you may suspect discrimination:
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.
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.
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