The right time off without losing one's job in the event of a birth or adoption is protected under which ?

Independ"ant"

OSHA? Are you planning on getting the child a job at your company?.

FMLA...maybe be careful in this economy.

Giving birth and risking your life is not a walk in the park. Women need time for their bodies to heal so they go back to work.

I wish Adoptive parents would stop trying to ride on the coat tails of birth.
It has nothing to do with BONDING TIME unless your hips are broken during child birth.

Use the sick and vacation time you have been saving up for this special day.

rachael

yup, FMLA.

BPD Wife

I've been down this road personally...it's actually a combination of a few of the things you mentioned. It depends on the state that you are EMPLOYED in. I know this because I worked in NJ but lived in PA. The rules governing my leave of absence were based on the state that I was WORKING in (NJ). However, if the Federal Law is better than the State law, the Federal Law ill over-ride it. But if the State Law is better (as it was in NJ), then the employer has to abide by the State Law.

All of that being said...here is what I know. There is a federal Pregnancy Discrimination Act which amended the Title VII of the Civil Rights Act of 1964. The Pregnancy Discrimination Act insures that you are not discriminated due to pregnancy and childbirth. It does offer some protection with losing your job during those times also. However, it does not apply to adoptions - as it is specifically for pregnancy & childbirth.

FMLA can also protect you in the event that your company has a certain number of employees, you are not a high ranking officer within the company, and you have been with the company for over a year. FMLA is unpaid through the national law. However, some states have paid FMLA (I believe California is one). Some larger companies may opt to pay you although they are not mandated to do so unless the state law requires them to. FMLA can be used for either childbirth OR adoption.

The ADA really does not apply to time off for pregnancy, childbirth, or adoption. However, it may come into play with regards to infertility treatments if necessary.

If you feel that you have been discriminated against because of pregnancy, childbirth, or adoption, by your employer, then you would contact the EEOC. They would review the information and if they found it to be true, they would try to resolve it for you - at no expense to you. If they were not able to resolve the situation, then they would fight the employer legally for you also. The EEOC is the "enforcer". : )

Good luck to you. Feel free to email me thru my profile if I can offer any further assistance. I worked with the EEOC on a discrimination claim so I'm way TOO familiar with this stuff.

lester n

a. Family Medical Leave Act

Kim

FMLA, but there are some stipulations about who is eligible (depends on company size, length of employment, number of hours worked per year, etc.)

anastasia beaverhausen-the real1

family medical leave. you have to check with your individual employer as to how much time.

tish

OSHA...

Heather

FMLA but there are requirements which must be met before someone is eligible for this.

snowwillow20

Tish took my answer.

akbutner2

I agree it is FMLA. However I would consult with your HR rep to talk about what terms you have to meet. How much time or if you qualify depends on the number of hours worked during your employment. I know when I used it I had to have worked so many hours to qualify and to be paid any percentage of income I had to have worked with the company for a minimum of a year. The longer I had worked for them the more compensation I received.

Poor_Man

FMLA..

mony sue

FMLA Depends on how many hours you have in the company. The easiest way to find out is to talk to your employer.Or look in your employee hand book. That should all be in there.

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