A young mother who worked as a senior program manager at a marketing company claims she experienced workplace discrimination when her company allegedly forced her resignation after she requested time off for maternity leave. Advocates for pregnant workers say many mothers are forced to deal with similar situations when they inform their employer of their pregnancy.
A 31-year-old mother-to-be informed her workplace about her pregnancy and instead of allowing the working woman to take maternity leave, the company asked the woman to resign from her position. The company informed the woman that she was not protected under the Family and Medical Leave Act because she had worked for the company for only four months. The Family and Medical Leave Act allows certain employees to take up to 12 weeks of unpaid leave a year. The time can be used to care for newborns or to take of sick family members. The FMLA is a federal law and therefore covers eligible working parents in New York.
The mother-to-be left her previous employer for a new position at the company four months earlier and human resources executives told the woman that whether she was sick or pregnant and did not show up to work her absence would be interpreted as a resignation because she had not been with the company for the requisite time period.
One expert says it is not enough for the company to merely state the policy. The company must also practice its policy in the way it is described by treating sick workers and pregnant workers similarly.
Source: abcnews.go.com, "Connecticut woman told that maternity leave viewed as resignation," Susanna Kim, Feb. 3, 2012
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