Returning to Work After Pregnancy Leave
Your Right to Reinstatement
Your employer is required to reinstate you to the same position you had before taking PDL. You cannot be demoted. You may request this guarantee in writing.
The only exception to this is a genuine reduction in force or another reason that is unrelated to your leave. For example, your employer does not have to reinstate you if they eliminated your entire department.
Your Right to Accrued Seniority & Benefits
Your employer is required to allow you to accrue seniority and benefits during your leave. This means that if, for instance, you are normally eligible for promotion after three years in a role, you should continue to accrue those three years’ of seniority while you are on leave.
Your Right to Stay on the Promotion Track (and Off the “Mommy Track”)
There is nothing wrong with allowing women to choose part-time work to accommodate caregiving obligations. Indeed, we wish more employers would respect this choice. Your employer cannot make this choice for you. If you continue to perform the functions of other, non-parent employees and are passed up for promotions or raises, this is gender discrimination.
If you would like to learn more about your rights in the workplace as a pregnant woman and working mother, download our Free eBook.
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Few employment law firms specialize in pregnancy discrimination cases. These cases often involve specific medical issues unique to pregnant workers and require an attorney to interpret a maze of complicated leave laws. We are passionate about pregnancy-related discrimination cases and devote a large portion of our practice to this specialized set of cases. Statistics show that women earn about the same as men until they have children, when the wage gaps immediately hits women the hardest. The only way to stop this pattern is to stand up to pregnancy discrimination when it happens. We are here to help.