Maternity/Paternity Leave

The Texas employment attorneys at Rob Wiley, P.C. fight for employees who have been denied maternity or paternity leave or discriminated against for taking maternity or paternity leave.

Federal and state laws may require an employer to give employees maternity or paternity leave for the birth or adoption of a child. An employee may not be discriminated against because of pregnancy. Our Texas employment lawyers fight for employee rights. If you believe that you have been denied maternity leave or paternity leave, please contact us.

Maternity leave generally refers to leave taken by a new mother or an expectant mother. Paternity leave generally refers to leave taken by a new father or an expectant father.

A federal law called the FMLA gives many employees the right to take up to twelve weeks of maternity leave or paternity leave for the birth or placement of a child. Some states have laws that are more generous, or require this leave to be paid.

Qualifying employees can take maternity leave or paternity leave before or after the birth of a child. Leave does not have to be continuous. Leave can be intermittent, meaning that it can be taken in short increments of time. For example, intermittent leave sometimes takes the form of leaving early, starting late, or working part time. It does not have to be taken in full day blocks of time.

The Pregnancy Discrimination Act prohibits discrimination against an employee because of pregnancy. This act prohibits adverse employment actions involving hiring, firing, layoff, promotion, duties, training, or pay because of pregnancy.

An employer may not retaliate against an employee for taking maternity or paternity leave under the FMLA. Furthermore, an employer may not retaliate against an employee because he or she opposes pregnancy discrimination or participates in an EEOC investigation, hearing, or lawsuit regarding pregnancy discrimination.

Rob Wiley, P.C. has offices in Dallas, Austin, and San Antonio. If you believe that you have been denied maternity leave or paternity leave, that you have suffered pregnancy discrimination, or that you have been retaliated against, please contact us.