A good possibility exists that each company will have a pregnant employee at some point in time. If the company finds itself in this position, the company must be aware that numerous laws, both federal and state, could apply to the pregnant employee and the company.
The company must consider whether the Family Medical Leave Act, the Pregnancy Discrimination Act, and the Americans with Disabilities Act, or the Texas equivalent of these Acts apply. Each Act has different requirements on how to handle situations that may arise with the pregnant employee (or even a spouse in some situations).
Oftentimes, how a company must treat a pregnant employee is not clear cut. Do any acts cover the employee? Is the condition considered a disability? What provisions does the company have in its employee handbook? How have other employees been treated? These are just a few of the considerations that must be examined before a company knows the proper course of action to take.
If your company finds itself in a situation in which you are uncertain on the rights of the pregnant employee, the attorneys at the McCleskey law firm can analyze the multiple factors faced by the company and assist you in determining the rights of the pregnant employee.