Employment Breakfast - Pregnancy Accommodation and Parental Leave

Presentation Materials

• Audio

Recent court cases and legislation surrounding pregnancy accommodation and parental leave are requiring employers to rethink their policies. In our November employment program, we explored these questions:

• Are employers required to accommodate pregnant employees who cannot perform their jobs?
• Do employers have to provide pregnant employees with a light duty assignment if they provide light duty to employees with work-related injuries?
• Can an employer require a pregnant employee to go on leave if she cannot perform the essential functions of the job, even with accommodations?
• Can employers require pregnant employees to go on leave if the job presents a danger to themselves or the developing fetus?
• How much maternity leave are employers required to provide?
• Are employers required to provide parental leave to employees whose spouses or partners are having pregnancy complications?
• Is a pregnant employee entitled to maternity leave if she does not qualify for FMLA (e.g., because she has not been employed for 12 months)?
• Are employers required to provide paid pregnancy or parental leave?
• Is it legal to provide more paid parental leave to women than to men?
• Is it legal to provide more paid leave to employees who give birth than to employees who adopt?
• Can childless employees bring discrimination claims if their employer provides generous paid leave benefits only to parents?