Are employers obligated to provide job protection for employees on maternity leave?
Employers in the District of Columbia are obligated to provide job protection for employees on maternity leave. Under the District of Columbia Family and Medical Leave Act (DCFMLA), employers are required to offer up to 16 workweeks of leave with job protection for eligible employees who need time off due to pregnancy, childbirth, or a related medical condition. This includes time off for medical and other leave related to need for care of a newborn, or for placement with the employee of an adopted or foster child. Employers must reinstate the employee to the same or similar position with equivalent pay, benefits, and other terms and conditions of employment following the conclusion of the leave. The law also protects employees from discrimination or retaliation based on their status as a pregnant or parenting employee. This means that employers cannot deny a promotion or terminate an employee due to pregnancy or leave taken for a related medical condition. Additionally, District of Columbia employers must provide all employees (regardless of gender or marital status) with up to 90 days of unpaid leave for certain specified events. This includes leave due to the birth, adoption, or foster care placement of a child, and it also includes leave to care for a family member in certain cases. In sum, employers in the District of Columbia are obligated to provide job protection for employees on maternity leave, as well as other types of leave related to pregnancy, childbirth, adoption, and foster care placement. Employers must also ensure that their employees are not discriminated against or retaliated against due to their status as a pregnant or parenting employee.
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