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Oklahoma Pregnancy Law in Court

Wednesday, February 23rd, 2011
Posted by Tamara
Employers in Oklahoma and across the country cannot change a woman’s job duties simply because she is pregnant, even if the job is physically demanding. To do so would be illegal discrimination. A recent court case illustrates this point.

The case, Spees v. James Marine Inc ., ... continue reading

West Virginia Breastfeeding Law

Monday, February 21st, 2011
Posted by Tamara
With the recent passage of the PPACA (Patient Protection and Affordable Care Act), employers are now required to provide breastfeeding mothers unpaid time and a private location to express breast milk.

This law is especially significant for West Virginia employers, since West Virginia is the only state ... continue reading

Connecticut Common Sense Fails in Court

Wednesday, February 16th, 2011
Posted by Tamara
A Connecticut employer, or an employer anywhere else in the U.S., may not legally change a woman’s job position or duties simply because she is pregnant. Current medical opinion states that a pregnant employee can do the same things she did prior to the pregnancy for at least the ... continue reading

Arizona Breastfeeding Law

Monday, February 14th, 2011
Posted by Tamara
The new Health Care Reform Bill amended the FLSA (Fair Labor Standards Act). This new federal law, commonly referred to as the Patient Protection and Affordable Care Act (PPACA), requires companies across the U. S. to provide non-exempt and hourly employees who are breastfeeding a time and place to ... continue reading

Georgia Doctor’s Release for Pregnancy

Wednesday, February 9th, 2011
Posted by Tamara
The 6 th Circuit Court of Appeals recently found an employer of illegal discrimination based on pregnancy. Pregnancy is not a disability under the EEOC, and should not be treated as one. Employers in Georgia or any other state cannot change a worker’s job duties simply because she is ... continue reading

Federal Breastfeeding Law Under Health Care Reform

Monday, February 7th, 2011
Posted by Tamara
Non-exempt and hourly employees, under the new Health Care Reform Bill, are required to be given reasonable unpaid time to express breast milk. The bill, also known as the Patient Protection and Affordable Care Act (PPACA), specifically states that the duration and frequency of these breaks will vary from ... continue reading

Massachusetts Doctor’s Release Wins in Court

Wednesday, February 2nd, 2011
Posted by Tamara
The EEOC (Equal Employment Opportunity Commission) does not define pregnancy as a disability. Massachusetts employers are not required under EEOC to provide accommodations for pregnant employees, nor are they allowed to force accommodations upon these employees.

Massachusetts employers and employer throughout the U.S. need to be aware ... continue reading

Florida Breastfeeding Law

Monday, January 31st, 2011
Posted by Tamara
The new Patient Protection and Affordable Care Act (PPACA), a part of the Health Care Reform Bill, mandates that employers nationwide provide unpaid time for a breastfeeding employee to express breast milk, and a private location to do so.

Under PPACA, the time provided to the employee ... continue reading

New Hampshire Pregnancy Law

Wednesday, January 26th, 2011
Posted by Tamara
A recent court case ruled that “common sense” cannot supersede a doctor’s fitness-for-duty release in New Hampshire or any other state. This case, Spees v. James Marine Inc ., involved Heather Spees, a welder, and her employer, James Marine, Inc., regarding Ms. Spees’ pregnancy.

Shortly after being ... continue reading

Kentucky Breastfeeding Law

Friday, December 10th, 2010
Posted by Tamara
The PPACA (Patient Protection and Affordable Care Act), another name for the Health Care Reform Bill, has established a new national breastfeeding law that affects many Kentucky employers.

This new federal law amends FLSA (Fair Labor Standards Act) and applies to non-exempt and hourly employees. These employers ... continue reading

Maine Pregnancy and Job Discrimination

Wednesday, December 8th, 2010
Posted by Tamara
Several Maine employers have asked about their legal rights concerning terminating a pregnant employee who is not performing at company standards. Is it legal discrimination to fire her?

The answer is rather complicated. Pregnancy is protected from discrimination under federal law, which means she cannot be fired ... continue reading

Mississippi Breastfeeding Law

Friday, December 3rd, 2010
Posted by Tamara
Under the new Patient Protection and Affordable Care Act (PPACA), Mississippi employers are required to allow breastfeeding mothers a reasonable amount of unpaid time to express breast milk. The law also requires companies to provide these employees with a private location for the breaks.

The PPACA is ... continue reading

Arkansas Pregnancy and Job Performance

Wednesday, December 1st, 2010
Posted by Tamara
Many employers in Arkansas, and throughout the country, wonder how to handle a pregnant employee who is not performing well. Would firing her constitute illegal discrimination?

First of all, a pregnant employee, or any employee, who is not doing his or her job at the company’s level ... continue reading

Ohio Breastfeeding Law

Friday, November 26th, 2010
Posted by Tamara
With the recent passage of the PPACA or Patient Protection and Affordable Care Act), Ohio employers are now required to provide breastfeeding mothers unpaid time and a private location to express breast milk.

The PPACA (another name for the Health Care Reform Bill) amends the FLSA or ... continue reading

Florida Breastfeeding Law under Health Care Reform

Friday, November 19th, 2010
Posted by Tamara
The recently passed Health Care Reform Bill has amended the Fair Labor Standards Act (FLSA), the federal law that governs minimum wage.

FLSA applies to companies who engage in interstate commerce or who have annual earnings of $500,000 or more. With the passage of the new amendment, ... continue reading

Kansas Pregnancy and Job Performance

Wednesday, November 17th, 2010
Posted by Tamara
Employees in Kansas are often confused about the legal rights regarding terminating pregnant employees.

The confusion is understandable since pregnancy is protected by federal law from discrimination. This law prohibits employers from terminating a pregnant employee simply because she is pregnant.

The Americans with Disabilities ... continue reading

Federal Breastfeeding Law under Health Care Reform

Friday, November 12th, 2010
Posted by Tamara
The FLSA (Fair Labor Standards Act) is the federal law that governs minimum wage applies to employers engaged in interstate commerce or whose annual earnings are at least $500,000.

The recently passed Health Care Reform Bill has made amendments to the FLSA, specifically regarding breastfeeding mothers.

... continue reading

Alabama Pregnancy and Job Performance

Friday, November 5th, 2010
Posted by Tamara
Many employees wonder if firing a pregnant employee constitutes illegal discrimination.

The answer is that it depends on the reasons for termination.

It would be illegal to terminate a pregnant employee solely on the basis of her pregnancy. The majority of pregnant women are able ... continue reading

Kentucky Paternity Leave

Friday, October 22nd, 2010
Posted by Tamara
An employee in Kentucky wonders, “My wife is expecting our first child and I want to take several weeks off when the baby is born. Does Kentucky have a paternity leave law?”

The answer is “No, Kentucky doesn’t have a state law governing paternity leave. Many expectants ... continue reading

Connecticut Breastfeeding Law

Thursday, August 26th, 2010
Posted by Tamara
Under the Connecticut breastfeeding law, nursing mothers must be given unpaid breaks to express breast milk or to breastfeed her baby at work during a meal or break period. It is up to the employee’s discretion whether she will breastfeed her infant or use a breast pump and store ... continue reading

Arizona Paternity Leave

Thursday, February 4th, 2010
Posted by Tamara
While Arizona does not have a paternity leave law at the state level, many fathers are entitled to unpaid leave under the federal FMLA, the Family and Medical Leave Act.

The FMLA allows employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month ... continue reading

Indiana Intermittent FMLA

Thursday, November 26th, 2009
Posted by Tamara
One of the biggest concerns among employees in Indiana and elsewhere in the U.S. is the federally-sanctioned right of employees to take unscheduled, intermittent leave under FMLA.

The Family and Medical Leave Act or FMLA allows this kind of leave, and the U.S. Department of Labor has ... continue reading

Nevada STD and Termination

Wednesday, October 14th, 2009
Posted by Tamara
Nevada employees have two questions about short term disability. Can a worker be terminated while on short term disability? Can a worker go on short term disability more than once a year?

The answers to both of these questions depend on the terms of the short term ... continue reading

New Mexico STD and Termination

Wednesday, October 7th, 2009
Posted by Tamara
Many employees wonder, can a New Mexico worker be terminated due to missing work while on short term disability?

In most cases, the answer is yes. Short term disability benefits do not guarantee an employee’s job. If the worker is away from work too much, the company, ... continue reading

Colorado Short Term Disability

Monday, May 18th, 2009
Posted by Tamara
The state of Colorado doesn’t guarantee income for employees on short-term disability. Neither does federal law. Many Colorado employees are concerned about their options if they become disabled.

The Social Security Administration offers paid short-term disability to employees, but the employee must be disabled for 5 months ... continue reading

Maternity Leave in Nebraska

Wednesday, March 4th, 2009
Posted by Tamara
Mary, a hypothetical administrative assistant working for a company in Nebraska, is taking maternity leave. The question is whether Mary or any other worker in her situation may be laid off or fired while taking FMLA leave.

The answer varies, depending on the circumstances.

Assume ... continue reading

Maternity Leave in Idaho

Monday, March 2nd, 2009
Posted by Tamara
In Idaho, a hypothetical employee who will be called Susan is working as an administrative assistant. She takes maternity leave.

While she is on leave, is it legal for her employer to lay her off or fire her?

The answer to the question will depend ... continue reading

Maternity Leave in Illinois

Friday, February 27th, 2009
Posted by Tamara
May an Illinois employer legally fire or lay off a worker who is on maternity leave?

The answer is that there are laws protecting workers on leave, and there are laws against singling out workers for a layoff or a firing because they are pregnant. If there ... continue reading

Maternity Leave in Michigan

Wednesday, February 25th, 2009
Posted by Tamara
In Michigan, employees who take maternity leave are protected by at least two federal laws from being singled out for firing or layoff.

There are circumstances, however, under which it is legal to lay off someone on family leave.

There are 11 states, in addition, ... continue reading

Maternity Leave in Mississippi

Tuesday, February 24th, 2009
Posted by Tamara
Workers in Mississippi are protected by the federal FMLA, or Family and Medical Leave Act. They are also covered by another federal law, the Pregnancy Discrimination Act (PDA).

The question is whether or not Mississippi workers may ever be legally fired or laid off while they are ... continue reading