Maternity and Paternity Leave in the 21st Century

Starting a family is one of the most rewarding journeys humans embark on, but there’s a common misconception that it is absolutely impossible to have a lucrative career and a happy family. This doesn’t have to be true. It’s the 21st century after all. Policies for both maternity and paternity leave at companies all over the United States have evolved to accommodate the ever changing family dynamic.

Unfortunately, though, many companies don’t acknowledge the need for maternity and paternity leave. Some even discriminate toward mothers and fathers based on false assumptions, like that they’ll miss a lot of work or not care about it because they have other priorities. Luckily, this kind of workplace discrimination is actually illegal and an employment lawyer can help you fight it in court.

Still, we’ve seen a large shift in the way companies handle maternity and paternity leave in the United States and the idea of women working, even after having a baby, is becoming more common.

Maternity and Paternity Leave: The Basics

In Texas, employees have parental rights and are protected from pregnancy discrimination. This includes discrimination after an employee becomes pregnant and during an interview, when a candidate mentions having a family or their hopes to start one. In fact, it is illegal for an interviewer to ask an interviewee if they have a family or would like to start one. We also advise for the interviewee not to bring that up when interviewed.

Many companies and expectant parents in Texas fall under the FMLA, or the Family and Medical Leave Act. Under this act, if you meet certain requirements, your employer may be required to give you maternity and paternity leave. It’s important to understand the policies granted to you at your place of employment if you are planning to become or are already pregnant because you’ll want to ensure your company will protect both your pay and position, which they are legally required to do under FMLA.

How Does FMLA  Work?

The Family and Medical Leave Act was created to protect employees who need to take time off from work due to a disability, illness, or pregnancy. The average maternity leave policy can range from anywhere from 6 to 12 weeks. Not all leave is paid and sometimes, leave may not be required. In Texas, there are certain requirements you must meet in order to qualify for the FMLA:

• You must work at a company with more than 50 employees within 75 miles of your workplace.
• You must have worked a minimum of 1,250 hours in the prior year before taking maternity leave.
• You must work with the company for at least 12 months prior to taking leave.

You may be eligible for exceptions depending on the state you live in and you and your baby’s health during or after the pregnancy. While leave isn’t always paid, if you meet the above requirements, you can still receive health insurance at the same rate you are paying for it while not on leave. You may also receive any accrued pay at this time. When you return to work after leave, you should be placed in your same or an equivalent position. Any demotion in position or pay can be counted as pregnancy discrimination.

Paternity Leave

The idea of fathers taking time off to care for and bond with their children is becoming more and more common, though it still not as common as maternity leave. While fathers may be protected under FMLA, every company will have different policies and procedures. Still, the idea of mothers raising the children while fathers serve as the breadwinner is dwindling and more fathers are becoming involved in their children’s lives while more mothers are going back to work after giving birth. With this shift, we should see an improvement in paternity leave regulations.

Examples of Pregnancy and Paternity Discrimination

There are many ways a pregnant woman and working mothers and fathers can be discriminated against.

• During the Interview- If an employer chooses not to hire someone, they must have valid grounds for doing so. Many discriminate when they know the candidate is pregnant or has a family.

• On the Job- Employers cannot discriminate for promotions and raises based on pregnancy and family life.
• After Leave- You cannot be demoted in position or salary after taking leave because of a complicated pregnancy, giving birth, or adopting a child.

What You Can Do About Discrimination: Working With an Employment Lawyer

Laws and policies regarding maternity and paternity leave are always changing. If you have a family or are looking to start one, you have laws in place that protect you. If you believe you are being discriminated against because of a pregnancy or your parental status, an employment lawyer can help you build a case. Employment lawyers are well-versed in employment laws and regulations and can help you determine what is legal and what is not in terms of the discrimination you may be facing. An employment lawyer will represent you in court to make your case while also helping you maintain your reputation. In this day and age, everyone deserves to be both a parent and career-driven. With the help of evolved employment laws and hardworking employment lawyers, this is all possible.