Legal Question in Disability Law in Florida

Re: Pregnancy Discrimation

Probably not. If you told them you were definitely not returning, then they might be able to change the job and pay, but even that would be suspect. If they have 15 or more employees, then they are subject to the Pregnancy Discrimination Act. That basically says you can't treat pregnant women differently than other short term disability cases (for example, someone out two months to recover from a broken leg or shoulder surgery). So, they can't change your job and cut your pay unless they do the same with everyone else who takes short term leave.

Also, if they have 50 or more employees, they are subject to the FMLA. That provides you with up to 12 weeks unpaid leave in a 12 month period for conditions including birth, prenatal care and post-childbirth maternity leave. In that case, they can not cut your pay or change your job, unless they put you in an equivalent job with equivalent pay.

There may also be state laws that apply, especially if it is a smaller company.

If you have an HR department or a trusted manager, you can discuss these things with them. You can also check the handbook if there is one. If not, you can contact both the EEOC (eeoc.gov) and the US Dept. of Labor (dol.gov)for help with the PDA and FMLA, respectively. It is free to file claims under each law. If you need an attorney, feel free to contact me to discuss the matter.

Good luck and congratulations!

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situaiton. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parites involved in the matter.