PDA

View Full Version : Review


vollyhunny
08-05-2004, 11:41 AM
I am pregnant and due the end of January. If the baby comes when it is supposed to I will begin my pregnancy leave right before my work review for my raise. In the past it has been customary for the company not to begin applying a raise to a woman on pregnancy leave's paycheck until she has returned from her leave, while all reviews done on other employees receive their raises on the paycheck immediately following their review. (Reviews for the whole company are done in the same week so that raises are reflected on the first paycheck in March.) Am I entitled to my raise when everyone else receives theirs or because I had a baby, do I have to wait until I get back to receive mine? Thanks for your help and your prompt response to my last post :D

LConnell
08-05-2004, 12:54 PM
Great question! Under federal laws protecting those who are pregnant, you must receive the same treatment as others in similar situations. So, if your company delays raises for others on the leave, then your raise can be delayed, as well. On the other hand, if this policy only affects pregnant women, it is discriminatory and illegal.

Let me know if I can answer additional questions for you.

vollyhunny
08-05-2004, 01:11 PM
Thank you for your prompt reply. Where can I get written documentation showing that this is a violation of federal law? Unfortunately, I work for a team of lawyers and will need some sort of legal backing. I am hoping that hiring an attorney won't have to be an option as I like my job and will surely be pushed out or fired for doing so, but didn't believe the treatment was legal.

LConnell
08-05-2004, 05:08 PM
This link may be of assistance: http://www.eeoc.gov/types/pregnancy.html

It is to the US Equal Employment Opportunity Commission. The EEOC is the federal agency charged with protecting employees against discrimination, on a federal level. Your state may also have an agency that does the same, but on a state level. (Not all states do, however. Let me know where you are located and I can assist you there.)

Federal law covers employers with 15 or more employees, including part-time and temporary workers. State law (if one exists in your state) may bring that number down even lower.

By the way, it is illegal for your employer to retaliate against you for filing a claim with the EEOC. Before it gets to the point of charges, however, it is best to talk it through with your employer.

I look forward to hearing from you as to your state. Thanks.

vollyhunny
08-08-2004, 09:12 AM
Thank you for the link. In answer to your question, I am in Ohio. I appreciate all your help!

LConnell
08-08-2004, 07:56 PM
Ohio does have a discrimination law, protecting pregnant women. It says, "Ohio’s Fair Employment Practices Act protects the employment status of pregnant women in the workplace. The law applies to private employers with four or more employees, all labor organizations, all employment agencies, and all state and local government agencies. Firing a woman solely for being pregnant is illegal. And once a woman returns to work after maternity leave, the employer must reinstate her the same way anyone else would be reinstated when returning from disability leave. There is no specific duration of time for maternity, however, Ohio Rules require that they leave time be “sufficient.” This is quoted on the Ohio Civil Rights website, http://crc.ohio.gov/disc_employment.htm

Best of luck to you. Let me know if you have additional questions.

* Find more information on Disability Law.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements