Time off work: How much time should you be given?
The Family and Medical Leave Act of 1993 (FMLA) states that if a health professional determines that you are sick, pregnant, and not capable of reporting for work, you are allowed to take a maximum leave from work for 12 weeks. An employee also has the right to take time off work when adopting, giving birth, and to take care of a sick child or member of the family. If you take time off from work pursuant to the FMLA, you are assured of retaining your job as well as benefits and pay once you return. If you have questions about your rights under the FMLA, you should contact an experienced New York employment attorney.
If you believe that you are being subject to discrimination because of your pregnancy or are being denied benefits under the FMLA, you should take the following steps:
Take note of everything that transpired – You should keep notes of the time, date, where it happened, how it happened, and the names of witnesses and the person involved in any incidents. You should keep the document in a safe place as it can be helpful if you decide to seek legal compensation.
Sit down with your employer – You should talk with your superiors about your grievance. Most work related problems could be solved internally if discussed. Further, if you bring the discriminatory practice to the attention of management, the company has an obligation to take remedial measures. If the employer does not do so, this can be a basis for liability.
Check to see if this has happened before – Your case might not be the first case involving your employer. You might want to see if other pregnant employees have been exposed to similar discrimination.
Continue doing your job and keep a record of it – Discrimination cases can sometimes become a “he said, she said” issue. Because of this, you should try to be as efficient as possible on the job. The employer will frequently try to blame adverse action on employee performance related issues.
Exercise your right to file charges – You must typically exhaust all administrative remedies before filing a lawsuit for discrimination based on pregnancy. There are strict procedural requirements and time limits for complying with these administrative procedures. It is important to contact an experienced New York employment discrimination attorney promptly.
Seek legal advice– An experienced New York employment discrimination attorney will be able to advise you of your rights and available remedies. Many employers will try to avoid liability by blaming discriminatory actions on legitimate issues relating to employee performance or discipline. We offer a free initial no obligation case evaluation so call us today at 1-800-LOST-JOB.