Pregnancy employment law in Wisconsin is an area of interest to many people. Pregnancy is a happy and exciting time for a family. However, sometimes, pregnancy can be a time of worry and uncertainty. The worry of what the future may bring can create stress for you individually, or for the whole family. The team at Krueger Hernandez & Thompson SC want to ease some of your uncertainty. Wisconsin and the federal government have pregnancy employment law that protects your job. When a pregnant employee is treated less favorably than an employee with a temporary disability, it is considered discrimination on the bases of sex. In fact, an employer cannot make employment decisions based on any pregnancy related conditions. If you feel that your employer has discriminated against you in any way, please contact Krueger Hernandez & Thompson SC. Some answers to common questions about pregnancy in the workplace are:
In regards to the hiring process……..
- An employer cannot refuse to hire a woman because she is pregnant. As long as the woman meets the qualifications required for the job she may not be denied employment.
- When applying for a job, a woman is not required to tell the employer that she is pregnant.
- It is most likely illegal for an employer to ask a woman if she is pregnant or planning on having children in the near future. An employer cannot ask a question that applies to only one group of applicants and not to another, if the only difference between the groups is a characteristic or status protected by the Fair Employment Law. The same is true for asking questions about an applicant’s intent to have children. If any of these questions are asked and the job is not given, it could be considered discriminatory.
When in the workforce…………
- It is an employer’s and employee’s obligation to treat a pregnant employee in the same way as they treat all temporarily disabled employees. This means you may have to modify tasks, provide alternative assignments or provide disability leave or leave without pay. A rule of thumb to remember is that an employer should provide the same benefits to employees disabled by pregnancy as it provides to all other temporarily disabled persons.
- Employees with 50 or more permanent employees must allow up to six weeks of family leave in a 12-month period, without pay, for the birth of the employee’s child if the leave begins within 16 weeks of the child’s birth.
- It is important to remember that even though you are pregnant, your employer can still legally discipline or terminate your position. In order for this to happen, the employer must prove that the termination was due to neglect of job duties or due to failure to follow work rules. In the matter or either event, the employer must have proper documentation of the employee’s actions, or lack of.
Krueger Hernandez & Thompson SC is a safe haven for your legal issues. Go to KH-LAW.NET to schedule your consultation today.