Maternity leave refers to the period of time that a mother stops working for an employer before or after giving birth.
The Family and Medical Leave Act (FMLA) is the federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year and also requires that group health benefits for these employees to be maintained during the leave.
Maternity leave discrimination is a form of pregnancy discrimination in which employers violate the rights of employees by possibly terminating benefits, changing job responsibilities, or forcing them to take longer periods of unpaid leave.
People who are victims of any maternity discrimination relating to violations of the FMLA may be entitled to compensation.
Attorney for Maternity Leave Discrimination
Has your employer discriminated against you in any way because of your maternity leave in Pennsylvania, New Jersey, or New York? You should contact Console Mattiacci Law, LLC as soon as possible.
Call 215-545-7676 right now to have our attorneys review your case and help you understand all of your legal options during a free initial consultation.
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for such reasons as the birth of a child to bond with a child.
In order to be eligible for FMLA protection, an employee must have been employed with a company for 12 months and have worked at least 1,250 hours during the 12 months prior to maternity leave. The company also must employ 50 or more people.
New Jersey Maternity Leave Laws
New Jersey’s Temporary Disability Insurance program provides short-term disability benefits to employees unable to work because of non-job related issues such as pregnancy or recovery from childbirth. People can receive up to 26 weeks of benefits.
The New Jersey Family Leave Act also guarantees employees at companies with 50 or more workers up to 12 weeks of unpaid family leave in any 24-month period to care for a newborn, newly adopted, or newly placed foster child and this leave can be used in addition to FLMA leave.
Some mothers can be entitled to up to 12 weeks of parental leave after they have taken time off for a pregnancy disability or recovery from childbirth.
New York Maternity Leave Laws
New York’s Temporary Disability Insurance program also provides employees with up to 26 weeks of leave. New York’s law applies to all employers with one or more employees.
Pennsylvania Maternity Leave Laws
Pennsylvania does not have any state law providing benefits or protection for parents, but state employees can be eligible for up to six months of unpaid parental leave.
Types of Maternity Leave Discrimination
Multiple acts by employers can constitute maternity leave discrimination. When a mother submits a request for maternity leave, is away on maternity leave, or is attempting to return to work following maternity leave, some common examples include, but are not limited to:
- Firing or demoting an employee for taking maternity leave;
- Harassment of an employee for taking maternity leave;
- Forcing an employee to take maternity leave;
- Restricting the length of maternity leave; and
- Refusal to promote because of maternity leave.
Maternity Leave Discrimination Resources
NJ Parent Link | Maternity Leave — NJ Parent Link is the State of New Jersey’s Early Childhood, Parenting and Professional Resource Center. On this section of the NJ Parent Link website, you can learn more about New Jersey Temporary Disability Insurance program information, how to file a claim, eligibility requirements, and benefits related to pregnancy. You can also find additional information about child care, family leave, and going back to work or staying at home.
Maternity Leave | American Pregnancy Association (APA) — The APA is a nonprofit organization “committed to promoting reproductive and pregnancy wellness through education, support, advocacy, and community awareness.” Visit this section of the APA website to read recommendations for maternity leave. You can find answers to questions about short-term disability, unpaid leave, and sick, vacation, and holiday time.
Find a Maternity Leave Discrimination Lawyer in Philadelphia, PA and New Jersey
If you believe that you have been the victim of maternity leave discrimination in Pennsylvania, New Jersey, or New York, it will be in your best interest to retain legal counsel as soon as possible.
Console Mattiacci Law, LLC helps individuals in the greater Philadelphia and New Jersey areas, including communities all over Atlantic County, Bucks County, Burlington County, Camden County, Cape May County, Chester County, Delaware County, Gloucester County, Montgomery County, and Ocean County.
Our experienced employment law attorneys in Pennsylvania and New Jersey can collect all of the necessary evidence to hold an employer accountable and get you the justice you deserve.
You can have our lawyers provide a complete evaluation of your case when you call 215-545-7676 or fill out an online contact form to schedule a free, no-obligation consultation.