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Handling leave requests is one of the more problematic areas faced by employers because of overlapping federal and state laws related to family and medical leave, leaves for pregnancy-related disabilities and military leave.
Pregnancy and the potential medical complications which may arise are addressed by a number of federal laws. First, as discussed more fully at Family and Medical Leave (Federal/FMLA), a pregnant employee who is suffering from severe morning sickness or needs to attend prenatal doctor appointments, for example, is eligible for leave under the Family and Medical Leave Act (FMLA) due to her own serious health condition. Once the baby is born, the same employee will also be eligible for FMLA leave to care for the child. Second, the Pregnancy Discrimination Act (PDA) 42 U.S.C. § 2000e(k), an amendment to Title VII of the Civil Rights Act of 1964 (“Title VII”), requires that employees who are temporarily and medically disabled by pregnancy, childbirth or related medical conditions be treated the same as employees medically disabled by other non-work-related conditions or injuries. Third, protections under the Americans with Disabilities Act (ADA) may also come into play if severe complications arising from pregnancy cause the employee to become disabled. (Download the Disability and Pregnancy Leave Policies/ADA) by Littler Mendelson, P.C. courtesy of Lexis® Practice Advisor.)
Not only is Disability and Pregnancy Leave a growing topic for employers, pay equality is another topic of growing interest:
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