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ARTICLE · 26 MAY 2015

Navigating Complex Post-Pregnancy Leave And Restrictions

Bradley Arant Boult Cummings LLP
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When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections...

United StatesEmployment and HR
Anne Yuengert
Anne Yuengert
T. Matthew Miller
T. Matthew Miller
Tony Griffin
Tony Griffin

Concluding this six-part series with a look at complex post-pregnancy leave and accommodation issues employers regularly face

When Congress passed the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA) and the Family and Medial Leave Act (FMLA), it considered them as needed protections for clear-cut situations. For example, when an employee of a large company needs maternity leave, it seems fair and obvious she should have time off for childbirth and bonding without losing her job. The employer's obligation is straightforward—the employee receives 12 weeks of FMLA leave and then returns to work happy and productive. Unfortunately, the laws' clear directions begin to unravel in real life applications, leaving grey areas for courts to interpret (often inconsistently). Consider the following examples:

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