How Does the Family and Medical Leave Act of 1993 (FMLA) Handle Pregnancy Discrimination

Who is Eligible for FMLA Leave?
The employer must have 50 or more employees for each working day during 20 or more calendar workweeks (not necessarily consecutive workweeks) in the current or preceding calendar year. The 50 or more employees must work within a 75-mile radius. The employee in question must have been employed for at least 1250 hours of service for the employer during the previous 12-month period immediately preceding commencement of the leave.

What are the Two Types of Leave under FMLA?

1. An eligible employee (male or female) may take family leave for the birth of a child/children; the adoption of a child/children; if the employees will have a foster child/children placed in his/her care; or to take care of a spouse, child/children or parent with a serious health condition.
2. An eligible employee may take medical leave when an employee is unable to perform his or her job because of the employee's own serious health condition. This includes pregnancy, miscarriages, or complications or illnesses related to pregnancy.

What are the Three Ways FMLA Leave May be Taken?

1. A leave of up to 12 consecutive weeks
2. Intermittent leave taken in separate blocks of time due to a single injury or illness
3. A reduced work leave schedule whereby the usual hours per workweek or per workday of the employee are reduced

Are There Any Other Things To Know About FMLA?

• An employee must provide the employer at least 30 days advance notice before the FMLA leave is to begin if the need is foreseeable. If circumstances require that the leave begin in less than 30 days, notice must be provided as soon as "practicable."
• If an employee is requesting leave due to birth, adoption, or foster care placement, the employer may require, or the employee employee may request the use of accrued vacation leave and/or accrued personal leave.
• The FMLA does not require a covered employer to provide any paid leave. Under certain circumstances, the FMLA permits the employee to choose or the employer to require substitution of paid leave, which has been accrued pursuant to the employer's policies, for any part of the leave, so that the total paid and unpaid leave equals 12 weeks.
• For the duration of the FMLA leave, the employer must maintain the employee's health coverage under the existing premium contribution arrangement through any group health plan.
• An employees returning from FMLA leave is entitled to be restored either to the same position the employee held before or an equivalent position with equivalent benefits, pay and other terms and conditions of employment.