Family Medical Leave Act

questions & answers

Question: If I am trying to return to work from maternity leave and supervision is refusing to give me back my normal hours, do i file a complaint with my HR or the state? My supervisior is not allowing me to return within the 12 week time frame even though Iasked to return then.

Answer: The Federal FMLA covers state workers in AZ. In addition, an employee may use accumulated sick pay for his or her own serious medical condition. Complications of pregnancy might fall under this definition. Furthermore, an employee may take up to 180 days of unpaid leave due to his or her own serious medical condition.

Arizona maternity health insurance provides coverage for prenatal care, hospitalization, and newborn care. Low-income families may qualify for premium and cost-sharing subsidies.

https://www.growingfamilybenefits.com/arizona-short-term-disability/

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act, which was passed in 1978, gives pregnant women the same rights as others with "medical conditions" by prohibiting job discrimination. This law, which applies to companies employing 15 or more people, says…

·       Your employer cannot fire you because you are pregnant.

·       Your employer cannot force you to take mandatory maternity leave.

·       You must be granted the same health, disability, and sickness-leave benefits as any other employee who has a medical condition.

·       You must be given modified tasks, alternate assignments, disability leave, or leave without pay (depending on company policy).

·       You are allowed to work as long as you can perform your job.

·       You are guaranteed job security during your leave.

·       During your leave, you continue to accrue seniority and remain eligible for pay increases and benefits.

This is a discrimination law that protects you from being treated differently than other employees. On the one hand, this is good, but it also means that if your company doesn't provide job security or benefits to other employees, it doesn't have to provide them to you.

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act, which was passed in 1993, applies to companies that employ 50 or more people within a 75-mile radius of the workplace. It says that if you have been employed for at least one year by the company you now work for, and work at least 25 hours a week, you can take up to 12 weeks of unpaid, job-protected leave in any 12-month period for the birth of your baby. All 12 weeks of maternity leave can be taken at the same time or they can be broken up over the course of the year before or after the birth of your baby. Under this law, you must be restored to an equivalent position with equal benefits when you return. (A loophole in this law says this doesn't apply to employees in the top 10 percent compensation bracket.) You can find more detailed information at the FMLA website (www.do.gov/dol/esa/fmla.htm).

Federal laws set the minimum on what you must be allowed if you work for a middle to large-sized company. But your state laws or company policies might offer even more. For example, some states provide disability insurance if you have to leave work because of pregnancy or birth. Some companies offer paid maternity leaves. It's up to you to find out what you're entitled to. Consult the personnel director of your company's human resources department about company policy. And contact your state labor office for state laws regarding pregnancy

QUESTIONS

  • If I am trying to return to work from maternity leave and supervision is refusing to give me back my normal hours, do i file a complaint with my HR or the state? My supervisior is not allowing me to return within the 12 week time frame even though Iasked to return then.

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