A constructive dismissal lawyer will be of great assistance to pregnant employees that are denied their rights at work with an employer who has no intention of making things right. A lawyer who specializes in constructive dismissal assists pregnant employees to assert their legal rights from employers who have denied their rights at work to force them to leave their jobs.
Rights of Pregnant Employees at Their Workplace
● Taking Paid Family Leave
Employees who have a temporary disability as a result of labor, delivery, or other related medical issues are entitled to a reasonable leave of absence. Paid family leave enhances the mother’s and the newborn well-being, as well as their physical health.
You will be able to form strong bonds with your newborn, adopted, or fostered child thanks to paid family leave. People who are pregnant or just gave birth require time to heal, care for the newborn, adjust to shifting family dynamics, and get postpartum and well-child care.
● Breastfeeding While Working
For around the first six months, breastfeeding exclusively is advised. After that, nursing is advised in addition to solid food. As a result, likely, you will still be nursing when you resume your employment, training, or school.
Mothers are free to choose how long they want to nurse their children. Being a mother doesn’t have to stop when you go back to work. Employers are required by workplace standards to offer sufficient facilities where expectant and nursing mothers can rest.
You have the right to take reasonable unpaid breaks, use paid breaks, or take meals during work hours for up to three years after giving birth to express breast milk.
Your decision to express breast milk at work cannot be used as a basis for discrimination by your employer.
● Time Off for Antenatal Care
Every pregnant employee is entitled to a fair amount of time off for antenatal care. Any time off must be reimbursed at your regular rate. It is illegal for your employer to refuse to pay you at your regular rate of pay or to grant you a fair amount of time off for antenatal care.
Most people can continue their jobs while pregnant. However, becoming pregnant might create problems at work. You need to know how to manage common pregnant discomforts to stay healthy and effective at work, as well as when performing a task at work that can put the pregnancy in danger.
● Return to Work After Maternity Leave
An employee’s pregnancy should not be a reason for dismissal or termination by the employer.
An employee must be restored to her original employment or an equivalent position with equivalent pay, accrued seniority, retirement, fringe benefits, and other service credits after indicating her intention to return after the conclusion of a justifiable leave of absence for maternity.
If you can return to work after your absence has ended, you are only eligible to be reinstated. If you inform your employer that you need more time with your infant and aren’t yet ready to return to work, they have the right to fire you.