maternity leave laws

[cindylou248]

i work at a small business in my state of pennsylvania, with about 20 employees. my friend that i work recently found out that she was pregnant, and told our boss, who acted happy. A few days later, when my friend jess said she couldnt work the open till close shift that she was scheduled for, and that i was going to cover the second half (10:30am till 10 pm, i was covering 4-10) my boss pulled her aside. she told her that she wasnt happy for her being pregnant because she is only 21 and my boss doesnt like her fiance at all. my boss also told her that she would get no special treatment while she was pregnant, and was still expected to do everything, such as take out garbage and carry tubs of ice cream at our restaurant. when jess has the baby, she will be given no time off, and will be scheduled to work asap. what laws protect my friend, being as we are a small business while shes pregnant, and after she has the child?

thanks, cindy

[LConnell]

What a swell guy! Unfortunately, there aren't any laws prohibiting a boss from being a jerk, other than those protecting against discrimination.

Your employer is subject to federal laws prohibiting discrimination against those who are pregnant. This means that your employer cannot single someone out who is pregnant over others who aren't. For example, someone who is pregnant cannot be forced to quit, go on leave, get passed over for a promotion, etc. Your employer must treat a pregnant woman like any other employee.

Let me know if you have other questions.

[LConnell]

By the way, there is a federal law that protects a person who needs to go out on leave for medical reasons (the Family Medical Leave Act). However, your employer does not have to comply because employers covered by the act must have at least 50 employees in a 75 mile radius.

I'll check on Pennsylvania law and get back to you on any protections there.

[LConnell]

Here's a link to the US EEOC which explains federal laws protecting pregnant women. http://www.eeoc.gov/types/pregnancy.html

Pennsylvania has a law similar to the federal law, re: protecting against discrimination for those who are pregnant. Unfortunately, there is nothing in the law that forces an employer to do anything other than treat the person the same.

Of course, if a doctor places her on light duty, the employer must treat her the same as any other person who is on medical light duty.

Let me know if you have any other questions.