Learning that you are pregnant is a wonderful experience, and it is likely that you will be bursting with excitement, wanting to tell everyone you know. However, you may be concerned about breaking the news to your boss, and you may even be worried that the pregnancy and subsequent maternity leave may have an impact on your career.
The Family and Medical Leave Act (FMLA) is in place to provide eligible employees up to 12 weeks of unpaid leave per year for a qualifying condition, such as the birth of a child or to care for an ill spouse.
Indiana workers and others in America are entitled to take FMLA leave under certain circumstances. According to a recent ruling by the U.S. District Court for the Eastern District of Pennsylvania, one maintenance employee could pursue FMLA claims despite getting fired. The man was hired to work as director of maintenance at Maplewood Nursing and Rehabilitation Center, and he was given a performance improvement plan in 2012.
Employers in Indiana cannot stop following regulations around the Family and Medical Leave Act or the Fair Labor Standards Act when a natural disaster occurs. When businesses do disaster planning, it is best to make contingency plans with these regulations in mind.
Indiana workers who are entitled to leave under the Family and Medical Leave Act as well as maternity leave should be aware of their rights. In a New York case, a woman was fired for allegedly failing to return to work after finishing her maternity leave. However, it appears that the employer considered both leaves to run concurrently, meaning the employee was using both her FMLA leave and maternity leave at the same time.
Eligible Indiana employees who work for companies that are covered by the federal Family and Medical Leave Act can take up to 12 weeks of unpaid leave from work in order to care for their own qualifying medical conditions or those of their family members. If their leave rights are violated, their employers may be held to be liable in subsequent employment lawsuits.
Most Indiana workers are likely familiar with the Family and Medical Leave Act (FMLA), which grants employees 12 weeks of unpaid leave for family or medical reasons. Employees who are approved for FMLA leave have job protection, and it is illegal for employers to fire them for taking FMLA leave.
Employers in Indiana and elsewhere in the country that interfere with federal law, such as refusing leave under the Family and Medical Leave Act to eligible workers, could be liable for their legal fees. The Seventh Circuit recently reversed the decision of a lower court to reduce the amount of legal fees an employer owed to a worker even though the employee may not have proved a claim of FMLA interference.
If you put family and work on a scale – seeking to achieve that elusive life-work balance – you surely agree it is nearly impossible to achieve. The assumption in even bring up the subject is that the two should somehow be equal. However, if presented with the question of what is most important, we think working Indiana parents would say their family's take precedence.
Getting a sick day sounds like it should be a constitutional right. Unfortunately, the federal constitution does not promise workers sick days. Additionally, there are no federal laws that require companies to give sick days (although there could be a state law). The United States is an "at will" employment country, that means the baseline rule is that anyone can quit for any reason and anyone can fire you for any reason (except for a handful of exceptions like racism and sexism).