Family Medical Leave Act (FMLA) And Pregnancy Discrimination

Any type of discrimination in the workplace is illegal. Experiencing discrimination can be especially frustrating if the cause of the discrimination is the request for family or medical leave, or pregnancy. You should not have to tolerate pregnancy or FMLA claim discrimination or any retaliation based upon your request for leave or notification of pregnancy.

At Schuchat, Cook & Werner, we believe strongly in the rights of all employees, and take pregnancy discrimination and FMLA issues very seriously. No one should have to put up with any discriminatory on-the-job treatment from management due to their pregnancy or leave status.  Contact us today and schedule a consultation to discuss your pregnancy discrimination and FMLA concerns.

Family Medical Leave Act (FMLA) Discrimination

The Family and Medical Leave Act (FMLA) was passed in 1993 and generally applies to companies with 50 or more employees. Employees can benefit from FMLA protections if they have been working for an employer for at least 12 months and have provided a minimum of 1,250 hours of service during the previous 12 months before leave is requested. FMLA allows employees to take up to 12 weeks of unpaid leave while protecting their job. Employees may take leave in long stretches or on an intermittent basis depending on the situation. Covered situations include the serious health condition of a spouse, child or parent; the employee's own serious health condition; or the birth, adoption or foster care of a child.

When FMLA leave is requested, if the employee qualifies, the employer must grant the leave. If you have experienced difficulty in obtaining leave, discrimination because of the leave or have even been terminated due to the request, our firm can help.

Pregnancy Discrimination

The Pregnancy Discrimination Act of 1978 prevents employers from discriminating or taking adverse employment actions against women during pregnancy, as a result of childbirth or related medical conditions. We are aggressive in our fight for pregnant women's rights, as they should be treated like any other employee and given the rights afforded to them by law.

Retaliatory Actions

Discrimination based upon FMLA requests or pregnancy may come in the form of employer retaliation. We handle retaliation cases involving:

  • Demotion
  • Wrongful termination
  • Change in pay
  • Change in job duties, transfers, and re-assignments
  • Hostile treatment
  • Failure to hold open a job
  • Forced leave
  • Denial of health insurance coverage while on leave

Get in Touch With Our Missouri and Illinois Labor and Employment Group

If you have a question or concern about your rights and options for dealing with pregnancy discrimination, FMLA violation issues, or other work discrimination issues, contact us online or call our law firm today at 314-732-1127 or 888-365-0445 or visit us on Facebook.

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