Full question:
Hello! I am a full time, salaried employee of a company in Secaucus, NJ. Due to pregnancy, I will work for this employer only for about 4 months before the baby is born. Thus, according to the company policy, I get terminated. I was wondering if this is legal in NJ? Will I receive unemployment after the disability due to having been terminated from my employer? I am not quitting the job voluntarily, I am just giving birth, and this causes my employer to terminate me.
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: New Jersey
Answer:
Federal law prohibits discrimination against employees on the basis of pregnancy. It is part of an amendment to Title VII of the Civil Rights Act of 1964. In general, Title VII applies to employers with 15 or more employees. It is unclear from the facts presented how large a company employee works for. Basically, women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities.
If an employee works for a company with 50 or more employees, the Family Medical Leave Act (FMLA) may also apply. Under FMLA, covered employers must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons: for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition.
Please see additional information at the following links: http://www.eeoc.gov/facts/fs-preg.html, http://www.dol.gov/esa/whd/fmla/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
