Five legal aspects to know if you are a working mother or a mother-to-be
Whether you’re already a mom out in the workforce or you’re expecting, the path to your career and motherhood is paved with potholes.
In addition to navigating these challenges, you need to understand the legal aspects that may come into play and how to handle them. Take a look at these five legal considerations that all mothers should know.
1) Your right to maternity leave
The Family and Medical Leave Act (FMLA) allows expectant mothers up to 12 weeks of unpaid leave that allows for the birth of a baby and care of this newborn child. To be eligible, you must have worked for at least 12 months during the last seven years, put in a minimum of 1,250 hours during the 12 months before your maternity leave, and your employer must have at least 50 employees who are all within a 75-mile radius.
Some employers do have additional benefits for parents and pregnant employees, so it’s helpful to ask your human resources department about it.
2) Protection from discrimination and harassment
You have the right to work in a fair and supportive work environment. The Pregnancy Discrimination Act (PDA) is a part of the Civil Rights Act, and it forbids employers from discriminating against any employee for pregnancy, childbirth, or any medically-related conditions.
In other words, if you’re temporarily unable to perform the duties of your job because of pregnancy-related complications, you should receive similar accommodations as any other employee who sustains an injury while working. Reasonable accommodations would be allowing you to sit down rather than stand during your shift or take more frequent breaks to use the restroom.
3) Lactation rights
Breastfeeding is also a hot topic, and if you choose to breastfeed your new baby, you will need to pump your milk when you return to work. The Affordable Care Act (ACA) has a provision called Break Time for Nursing Mothers. This provision requires employers to allow reasonable break time for mothers to express their breast milk.
However, it should be noted that your employer can’t force you to pump your breast milk in the bathroom. They must provide a clean, private space for working moms. This law is for both salaried and hourly employees, though employers that have fewer than 50 employees may get an exemption if it would cause an undue hardship.
4) Childcare and parental rights
Whether you have the support of a spouse or other family members, as a working mom, you still likely have childcare concerns. Many states and employers will provide policies for childcare leave. You should check with your company to see if they offer any additional leave, either paid or unpaid, once your child is of a certain age. Additionally, you may be eligible for tax credits or deductions for daycare facilities or hiring a nanny to offset the costs of childcare.
If your child has a disability or requires specialized healthcare needs, the FMLA can come to your aid by allowing you the time you need to take care of them. Under this law, you can use up to 12 weeks of unpaid leave per year to take care of your child if they have a serious health condition.
5) Workers’ compensation and handling work-related injuries
As you commute to and from work, and additionally while you’re at your place of work, you should know about the laws that may come into play. Workers’ compensation is something you’ve likely seen posted in the breakroom at your company or in the company handbook.
This is a type of insurance that most employers must have in place, and this coverage isn’t the same as the health insurance benefits that you pay for out of your earnings. Health insurance is a benefit that is available after an employee has been with the company for a specified amount of time, usually between three and six months.
With workers’ compensation, this coverage starts from the first day you’re employed and takes care of you if you have been hurt while working. It will cover your medical expenses, part of your lost wages, and if applicable, rehabilitation costs. While all employees are granted workers’ comp coverage, it’s important to note that whether you’re pregnant or a new mom, if you’re hurt on the job, you’re still covered.
What to know about accidents during your commute to work
Generally, workers’ compensation will only cover you when you’re performing the duties of your job. This would mean it wouldn’t apply on your commute to or from work. However, you may use rideshare services such as Lyft or Uber to ease the burden as a new mom or while pregnant.
It can be difficult to manage driving when you’re a new mom, and you may want to call on rideshare services for safety reasons. Other moms may be struggling to make enough money and may rely on these services as a way to make additional income.
As with any vehicle though, you could be involved in a Lyft accident while you’re commuting to work or while you’re making side money. It might be stressful, though Lyft does have an insurance policy that typically covers accidents.
The compensation you may receive will vary though, depending on whether you’re the driver or a passenger, as well as many other factors. These factors will all play a role in the average Lyft accident settlement you can expect to receive.
If your injuries are minor, you may not get much. However, if the injuries caused by this accident are enough to keep you out of work and hinder your ability to care for your children without hiring additional help, your settlement will likely be much higher. It may feel like you’ve got too much on your plate as you struggle to strike a balance between your work life and your home life, especially when you’ve got a new baby.
If you’ve been in an accident that could make things even more of a challenge, make sure you speak with an attorney to find out more about your rights.
