labor lawAdivision of labor law center

Every employer should be aware of several changes under the 2009 FMLA regulation. These new rules permit employees to take FMLA leave under circumstances that were not previously covered.

One of the biggest changes, according to the SHRM or Society of Human Resource Management, is that the husband of a pregnant woman is entitled to FMLA leave for prenatal visits under some circumstances. The FMLA has always permitted men to take “paternity” leave to bond with a newborn or newly adopted infant, or a newly place foster child under the age of 18. And the FMLA regulations always covered a pregnant woman’s prenatal appointments.

However, the new 2009 FMLA regulations specifically permit the husband of a pregnant woman to take time off to provide her with physical or psychological care for prenatal visits. The language of the new regulations, however, apparently restricts this leave to the spouse of a woman who has severe morning sickness or other complications. (more…)

According to the EEOC, Pregnancy discrimination complaints are on the rise. Between 1992 and this year, complaints increased by 65%. Part of that increase is due to the increase in the number of women with infants who work…but not all of it.

Employers can ensure that their companies don’t become the target of pregnancy discrimination claims by properly training supervisors, having strong HR policies, and using an FMLA Administrator Kit.

Many issues regarding pregnancy discrimination can be addressed by properly administering FMLA. Under the federal Family and Medical Leave Act or FMLA, employees are entitled to up to 12 weeks of unpaid leave for a variety of serious health conditions, including pregnancy.

In addition, the Pregnancy Discrimination Act requires that employers not discriminate against pregnant employees. The employer cannot (more…)