• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities ACT (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us

Can my employer force me to take a pregnancy leave?

No, your employer cannot force you to take leave. The Equal Employment Opportunity Commission (EEOC) requires employers to allow pregnant employees to work for as long as they are able to perform their jobs. Therefore, as long as you can perform your job with your pregnancy you are entitled to continue to work.

Additionally, if you need to take an absence from work due to your pregnancy your employer cannot force you to remain on leave until the birth of your child. As long as you recover and are able to perform your job you are entitled to work.

An employer is also prohibited from creating a rule that prevents an employee from returning to work for a predetermined length of time post-childbirth.

If you feel that you were wrongly required to take leave due to your pregnancy contact us and we can help. At McOmber McOmber & Luber, we take a proactive approach to each and every legal issue our clients face. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, or contact us at 888-396-0736 or online for a free consultation.

Related FAQs

  • What is pregnancy discrimination?

    Pregnancy discrimination arises when an employer treats an applicant or employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

    Read More
  • Is my employer allowed to request a doctor’s note before approving pregnancy-related accommodations?

    Yes, your employer is allowed to request a doctors’ note if the request for accommodation falls under the Americans with Disabilities Act (“ADA“). However, the employer cannot single out pregnancy-related conditions for special procedures to determine the employee’s ability to work.

    Read More
  • What does the Pregnancy Discrimination Act protect?

    Congress added the Pregnancy Discrimination Act (PDA) to Title VII to ensure that employers did not discriminate against pregnant employees. The PDA requires employers to offer leave or benefits to pregnant workers if those benefits are offered to other employees who experience physical or mental disabilities. While this does not guarantee a pregnant worker an accommodation, it does ensure that pregnant workers cannot be treated differently.

    Read More
  • Is miscarriage a pregnancy condition under the Pregnancy Discrimination Act?

    Yes, the EEOC filed suits against employers who fired individuals because they took medical leave for pregnancy-related conditions. The guidance listed miscarriage as one of the examples of pregnancy-related conditions.

    Read More
  • Can I take leave for a miscarriage?

    Perhaps. This depends on whether your employer offers temporary leave for other physical or mental disabilities. If your employer provides other temporary leave, then your employer must offer leave for your miscarriage.

  • What Maternity Benefits am I Entitled to?

    Federal and state laws provide new parents with maternity benefits and protections. Federal and state laws protect pregnant employees and newborn mothers in some of the following ways:

    • Maternity leave
    • Job security
    • Protect employees from pregnancy discrimination and maternity leave discrimination
    • Family leave insurance

    Read More
  • Is There a right to Accommodation Based on Pregnancy During the Pandemic?

    Yes. Pregnancy-related medical conditions may be considered disabilities under the ADA, although pregnancy itself is not an ADA disability. If an employee makes a request for reasonable accommodation due to a pregnancy-related condition, the employer is obliged to consider the request under ADA rules. Additionally, as amended by the Pregnancy Discrimination Act, Title VII specifically requires that women affected by pregnancy, childbirth, and related medical conditions be treated the equal to others who are similar in ability or inability to work. A pregnant employee may be entitled to job modifications, such as telework, modified work schedules or assignments, and leave (to the extent provided to similarly situated employees).

    Read More
  • When Do I Have to Go Back to Work Following My Pregnancy?

    Federal and state laws provide pregnant women and new parents with maternity benefits and protections. The federal Family and Medical Leave Act (FMLA), provides eligible employees of covered employers unpaid, job-protected leave for up to 12 weeks.

    Additionally, under the state New Jersey Family Leave Act (NJFLA), eligible employees may also take up to 12 weeks additional leave after their child is born to take care of the newborn child.

    Read More
  • How Much Maternity Leave Am I Entitled to?

    The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to leave for specific family or medical reasons. This federal law provides eligible employees unpaid, job-protected leave for up to 12 weeks. Under the New Jersey Family Leave Act (NJFLA), eligible employees may also take up to 12 weeks additional leave after their child is born to take care of the newborn child. Employees with newborn children may combine the 12 weeks of leave under the FMLA and the 12 weeks of leave under the NJFLA for a total of 24 weeks of leave to care for their newborn.

  • Is Pregnancy Discrimination Illegal?

    Yes. Congress passed the Pregnancy Discrimination Act (PDA) in 1978. This act protects pregnant employees from discrimination in the workplace. Under this law, discrimination on the basis of pregnancy or childbirth constitutes unlawful sex discrimination. Therefore, employers may not discriminate against employees on the basis of pregnancy or pregnancy-related conditions.

    Pregnancy discrimination includes:

    • Firing a pregnant employee or not hiring a pregnant applicant;
    • Harassing a pregnant employee;
    • Not providing reasonable accommodations;
    • Forcing an employee to take time off due to their pregnancy;
    • Changing an employee’s role/responsibilities on their behalf because of pregnancy status;
    • Rejecting pregnancy-related Medical Leave; and
    • Retaliating against an employee who claims pregnancy discrimination
    Read More

Primary Sidebar

Related Practice Areas

  • Maternity Leave Discrimination | Blog | McOmber McOmber & Luber
    Maternity Leave Discrimination

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblowing & Retaliation
  • Other Legal Services

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here. Your Privacy Choices Notice at Collection

Free Consultation