Pregnancy discrimination seems to be a recurring topic in the news. This blog has reported several stories involving pregnancy discrimination. Ohio law and federal laws, such as Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibit workplace discrimination based upon sex or pregnancy.

Other related issues can arise under the Family and Medical Leave Act (FMLA). Many Cincinnati residents have heard of FMLA leave, but not all workers may know of what rights the Act provides, and more specifically whether a worker is covered under the Act's provisions.

Unfortunately, not all Ohio workers are covered under FMLA protections. Workers covered under the provisions of the FMLA are granted certain employee rights. Generally, the Act allows workers to request up to 12 weeks off work for certain health related or parenting related reasons.

Employers governed under the FMLA must provide workers up to 12 weeks unpaid leave each year to employees for the birth and of a new child for the employee, for the placement of a child for foster care or adoption, to care for an immediate family member with serious health problems or when the worker cannot work do to health related issues.

It is important to remember, the Act only allows for the leave for "qualified" employees. Some workers who are employed in a small business may not qualify. Other workers may not have enough hours under their belt with an employer to qualify.

First, the Act applies only to businesses with 50 employees or more within a 75 mile area. Apparently Congress assumed when passing the law only larger employers were equipped to deal with long leaves of absence.

Secord, some part-time or newer employees may not qualify. The law requires an employee to have logged at least 1250 over the past 12 months to qualify. Additionally, a worker has to have been with their current employer for at least a year to benefit under FMLA.

For mothers who have experienced complications after a pregnancy, the law also allows employers to count that time against the yearly allotment of 12 weeks leave under the FMLA.

Employers can violate the FMLA when it duly applies. Resisting or refusing to grant FMLA leave when the Act applies violates the law. Similarly, this blog has reported that retaliation claims are on the rise overall. An employer cannot make adverse employment decisions in retaliation for a worker seeking FMLA leave.

Source: Department of Labor, "Family & Medical Leave."