Employers cannot require pregnant employees to undergo procedures to determine their ability to perform specific job duties unless the same procedures apply to all employees. Employers cannot refuse to hire employees based on pregnancy or pregnancy-related conditions.The Pregnancy Discrimination Act of 1978 is a federal law that protects pregnant employees from discrimination based on pregnancy, childbirth or related medical conditions. Here are three laws you should understand. What laws apply to maternity leave?įederal and state laws apply to maternity leave. Under the FMLA, eligible employees can receive up to 12 weeks of unpaid, job-protected leave. The FMLA also governs aspects of sick leave laws your business should understand. It can also be used as a recruitment tool to attract and retain quality employees, which can differentiate an employer apart from other competitors who do not provide maternity leave.” “Reducing the high cost of turnover and the associated training costs for new hires are another benefit of an employer providing maternity leave. “Providing maternity leave increases employee morale, productivity and employee retention,” noted Elissa Jessup, human resources (HR) advisor at the Society for Human Resource Management. Many states allow pregnancy and childbirth as qualifiers for short-term disability benefits. State policies differ on eligibility, length of leave and whether the leave is paid or unpaid. Under the Family and Medical Leave Act (FMLA), all employees of companies with at least 50 employees are eligible for 12 weeks of unpaid leave each year for things like serious illness, the birth of a child or caring for a family member. Whether it’s mandatory to offer parental leave to your employees depends on your company’s size and the state in which you operate. Depending on state laws and your business’ policy, maternity leave can be paid or unpaid. Maternity leave is also often called “parental leave” as parents of all genders may require time off to care for a newborn or recently adopted child. Maternity leave may also begin before the child is born upon the mother’s request. Traditionally, maternity leave is when a new mother takes time off from a job following the birth of a child. Research from the Institute for Women’s Policy Research shows that employers with paid maternity leave policies are more likely to save money through better employee retention rates and higher company morale. To avoid losing quality employees, you must understand maternity leave, your responsibilities as an employer and how to develop a fair and comprehensive maternity leave policy. While many businesses consider maternity leave an added expense, paid maternity leave policies can benefit your company by reducing attrition and boosting productivity and company loyalty. If you don’t offer your employees some form of maternity or parental leave, it could cost you in the long run.
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