Fort Worth pregnancy leave lawyers help clients with pregnancy leave-related employment law claims. Pregnancy leave and leave for childbirth are protected by federal and Texas employment laws. These include the Pregnancy Discrimination Act, Family Medical Leave Act (FMLA) and the Texas Labor Code. Under certain labor laws an employer is required to provide medical leave for pregnancy or childbirth while others prohibit discrimination on the basis of pregnancy or childbirth. If you believe your employer discriminated on the basis of your pregnancy then you should contact a Fort Worth pregnancy leave lawyer right away.
Pregnancy leave and discrimination in Fort Worth, Texas
Pregnancy and childbirth drive sex discrimination claims in employment. Employers often do not want to lose employees to long term intermittent leave or continuous leave because it is disruptive to their workflow. This applies to pregnancy and childbirth as well as many other medical conditions. Pregnancy and childbirth relate to sex for obvious reasons. Discriminating against employees for pregnancy or childbirth but not other medical conditions is a form of sex discrimination.
The Pregnancy Discrimination Act added this form of sexual discrimination to Title VII’s prohibition on sex discrimination in employment. Under the PDA employers do not have to offer leave for pregnancy, pregnancy-related medical conditions or childbirth. If, however, an employer offers leave for other medical conditions then it must apply that same leave policy for pregnancy and childbirth.
Family Medical Leave Act (FMLA) and pregnancy leave
The Pregnancy Discrimination Act preceded FMLA which extends leave protections to many employees. The Family Medical Leave Act protects the rights of covered employees to take leave for up to twelve weeks within a calendar year for applicable reasons. FMLA includes pregnancy-related medical conditions, childbirth-related medical conditions and childbirth. FMLA leave may be a continuous period or intermittent leave. This law provides overlapping protection with the PDA because it protects an employee who requests FMLA leave for a pregnancy or childbirth reason from retaliation and interference with that leave.
Texas Labor Code and preganancy discrimination
Chapter 21 of the Texas Labor Code contains the state employment laws on discrimination. It mirrors many of the federal employment discrimination claims and sex discrimination is no exception. The Texas Labor Code prohibits discrimination on the basis of pregnancy like the Pregnancy Discrimination Act. For that reason, employees in Fort Worth and other parts of Texas may bring a pregnancy-based sex discrimination claim under state law as well as federal.
Contact a Fort Worth pregnancy leave lawyer
If you believe your employer discriminated on the basis of your pregnancy or improperly denied FMLA leave for pregnancy then you should contact an employment lawyer right away.