Tag: pregnancy

Question: Is pregnancy a protected class in Kentucky? Answer: Pregnancy is a protected class under the Americans with Disabilities Act (ADA). We recommend that you address the situation in two separate aspects. If the employee is not meeting the defined performance expectations under the job description or expressed needs of the job, then the employer…

Question: For pregnancy leave, is an employee covered if not eligible for Family and Medical Leave Act (FMLA) entitlements due to a company size of less than 50 employees within 75 miles in Florida? Answer: Even if an employee is not eligible for leave under the Family and Medical Leave Act (FMLA), due to working…

Question: If we have a temporary employee in California who becomes pregnant, are we required to provide Pregnancy Disability Leave (PDL) even if she has only worked a few months? Answer: Yes, assuming this temporary employee is employed directly by you and not through a staffing agency. If the temporary employee is employed through a…

Question: If an employee tells you that she is pregnant, how early do you have to require her to provide a doctor’s certification? We are wondering because the Department of Labor’s form WH-381 (Notice of Eligibility and Rights and Responsibilities) states that you need to have the medical certification within 15 days of notice. Answer:…

Question: What kind of protection applies to pregnant employees who just need to go to the doctor for regular check-ups? For example, ultrasounds, non-complication related, etc. Can time for these types of appointments be used as intermittent leave before continuous leave upon delivery? Answer: Time off for appointments related to pregnancy can be allocated to…

Question: During a complicated pregnancy, what happens if an employee uses all 12 weeks of Family and Medical Leave Act (FMLA) leave prior to the birth? What about workers’ compensation, state disability, and company provided disability? Does the employer have to give the employee all of the payment options and permit the employee to decide?…

Question: How do we certify a serious health condition for a spouse who is pregnant and not our employee when the husband seeks leave under the Family and Medical Leave Act (FMLA)? Answer: An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family…

Question:  Are we allowed to ask a candidate in an interview if she is pregnant, or put a question on the employment application asking about pregnancy? Answer:  NO.  You do not want to ask a candidate to answer a question either verbally or on an application is she is pregnant or planning to have children….