Wisconsin Pregnancy Laws
Posted by Courtney
Under Wisconsin Pregnancy Laws, workers who have built up any type of paid leave can use it to care for a newborn or newly adopted child as well as a seriously ill family member, including a spouse with a pregnancy-related disability or who is recovering from childbirth.
The law covers employers with 50 or more workers. Those who work for Wisconsin state agencies are entitled to six months of unpaid parental leave. According to information from the state’s Department of Workforce Development it is illegal for an employer to use pregnancy to take adverse personnel action that would otherwise not have been taken.
When thinking about Wisconsin Pregnancy Laws and how they apply, it may be best to look at the federal guidelines. The first law to protect new parents was the Pregnancy Discrimination Act (PDA), an amendment to the Civil Rights Act of 1964. The PDA was passed in 1978 and makes it illegal for employers to fire, refuse to hire, or deny a woman a promotion because she is pregnant.
The PDA does not guarantee job protection. It only guarantees a pregnant employee’s right to be treated the same as any other employee with a medical condition. The law prohibits an employer from treating a pregnant woman differently than any other employee who becomes sick or temporarily disabled. If the employer provides benefits such as paid sick days or disability, it must cover pregnancy-related disability and recovery from childbirth.
The second federal law that applies to Wisconsin Pregnancy Laws is the Family & Medical Leave Act (FMLA), passed in 1993. The FMLA protects working women and men who have been with the same employer for at least one year and have worked for at least 1250 hours over the course of that previous year.
The FMLA only covers employees at companies with 50 or more workers. This federal law allows new parents, both moms and dads, to take time off after the birth or adoption of a child without fear of losing their jobs. This federal law is incorporated in Wisconsin regulations regarding pregnancy and maternity issues.
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