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Know Your HR Maternity Benefits
Pregnancies can be particularly stressful
experience for women, especially for first timers. Carrying the baby for
nine long month and coping with the emotional ups and downs that usually
accompany pregnancies must be quite stressful, to say the least. For
working soon-to-be moms, the thought of what might happen to their jobs
is an additional burden to bear. It would wise for them to know the
pertinent and current legislations and regulations covering HR maternity
issues.
The provisions of the Pregnancy Discrimination Act of 1978 should allay some of their fears. The act declares illegal employers' practice of forcing pregnant women to resign and classifies pregnancy a disability; thus, are entitled to medical benefits. In addition, it guarantees pregnant women the right to assume the same position they occupied prior to their maternity leave. The 2006 Work and Families Act instituted changes to maternity leave rights provisions and employment. Mothers who give birth after April 1, 2007 are now covered by these changes, which include a total of 52 weeks of maternity, maternity allowance or statutory pay, KIT short for keep in touch days, and a period of flexible work schedules when they return to work in consideration of the additional responsibilities brought about by motherhood. The new maternity leave provision of 52 weeks includes 26 weeks of the usual maternity leave, plus an additional 26 weeks if the mother chooses to extend her leave. The statutory pay or maternity leave allowance is good for 39 weeks, depending on how long the mother has worked for the company. To ensure that it is easier for her to go back to her work, she is entitled, subject to her employer's approval, to go back to work, to attend training or company events for a maximum ten days within her maternity leave. These regulations take care of pregnant women fears about their jobs, which are helpful in relieving some of the stresses related to their conditions.
Employers, of course, do not like losing their employees, particularly the good ones, to maternity leaves for longer times than they can help it. And there are some pregnant women who would prefer to go on working, as long it does not negatively affect their pregnancies. A middle ground can be negotiated to accommodate both parties' wishes. These times, high tech, fast, and reliable communication methods are available. It is a simple matter of setting up a home based work schedule for the pregnant employee. This way, work is not disrupted and the employer does not have to look for a replacement. Employers, however, can opt to engage a replacement but it must be made clear to the replacement that his/her employment is temporary. And there should not be any appearance whatsoever of the employee on maternity leave being eased out. Aside from possible hostility developing in the workplace, which under the EEOC definition can be an act of sexual harassment, such demeanor violates the Pregnancy Discrimination Act. HR maternity regulations are more favorable now to employed women. They are assured of having their old jobs back and afforded flexible work schedules upon return, which affords them time for their babies.
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