A
pregnant employee who:
(a) has completed 13 weeks of employment,
(b) provides at least two weeks written notice,
(c) provides
medical proof of pregnancy; is entitled to at least seventeen
weeks' leave of absence, without pay (maternity leave).
Further leave of absence rights (parental leave) exist for a parent, even if
not a female, and for parents of adopted children. The leave is 35 weeks
if the parent has already taken maternity leave and 37 weeks for all other parents.
The employee is entitled to be reinstated at the end of the leave. The
employee is entitled to continue as a member of most benefit plans maintained
by an employer. The employee's seniority continues to accrue during
the leave.
The employee is entitled to reinstatement at conclusion of the
leave. If
the employee's job has been eliminated, the employee is entitled to reinstatement
into a comparable position.
If the employee's rights to reinstatement have
been violated, the employee is entitled not only to reinstatement but back
pay. It is not necessary
for the employee to maintain a claim to reinstatement in order to obtain back
pay.
