Employment Law and Rights of New Parents in Florida
Have you recently given birth to a new baby or welcomed a new child into your home through fostering or adoption? You may have certain rights protecting you against pregnancy discrimination and conditions related to pregnancy, as well as rights that allow you to take certain job-protected leave to bond with your newborn or a foster or adopted child if you are eligible. If you are protected by any or all of these laws — and we will explain how coverage works — you may be able to file a claim if your employer has violated your rights. Our South Florida employment discrimination attorneys can explain in more detail.
FMLA Leave
The federal Family and Medical Leave Act (FMLA) is an extremely important law for employees in Florida who need time off from work after giving birth or to bond with a newborn, or with a foster child or adopted child. It is important to know that this law applies to new parents regardless of whether they were the ones who went through childbirth and gave birth to a new baby in the family. In other words, this is not a law that is linked to sex or gender discrimination and your rights.
Under the FMLA, eligible employees can take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for the birth of a newborn or to bond with a new child, as discussed above (in addition to medical issues). To be eligible for FMLA leave, your employer must be “covered” and you must be eligible. Covered employers include all public employers and private employers with 50 or more employees over 20 workweeks or more during the calendar year. If your employer is covered, you can be eligible if you have worked for the employer for the last 12 months or longer, have at least 1,250 hours of service with your employer, and work at a location where there are at least 50 employees within 75 miles.
Pregnancy and Pregnancy-Related Discrimination
After giving birth and becoming a new parent, you may be experiencing medical conditions related to your pregnancy or childbirth. You have protections under the federal Pregnant Workers Fairness Act (PWFA), a relatively new law that requires employers to provide a reasonable accommodation to a qualified employee who has “known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.”
It applies to employers with 15 or more employees.
Nursing Workers’ Rights
Employees who recently gave birth and are back at work may need reasonable break time and a private space to express breast milk. The federal PUMP Act, which amended the Fair Labor Standards Act (FLSA), guarantees these rights to employees for up to one year after they have given birth. The law applies to all employers regardless of size, though smaller employers (under 50 employees) may be able to obtain an exemption if compliance with the law would create an undue hardship.
Contact Our Palm Beach Gardens Employment Discrimination Attorneys for Assistance Today
If you are a new parent and you believe any of your rights have been violated under state or federal law — from discrimination on the basis of a pregnancy-related condition to denial of FMLA leave to which you are entitled — you should seek legal help. One of the experienced Palm Beach Gardens employment discrimination lawyers at Sconzo Law Office can discuss the details of your case with you today and can help you to move forward with a claim.
Sources:
dol.gov/agencies/whd/fmla
eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
dol.gov/agencies/whd/pump-at-work