Protection Against Parental Leave Discrimination
Taking legal parental leave shouldn’t be a reason for employers to target and discriminate against you; unfortunately, this behavior can still occur within the workplace. Some discrimination involves outright denial of parental leave requests or termination. Other times, it may be difficult to discern the subtle signs of parental leave discrimination. Whatever the case may be, you have protection under the MN Parental Leave & Accommodation Act.
Parental leave discrimination affects both men and women, from scrutiny, demeaning comments, or even retaliation for requesting parental leave. During this already stressful time, the last thing you want to worry about is dealing with workplace discrimination or termination for taking time to care for your family. Turn to the caring and skilled team from MSB to help you tackle your parental leave discrimination case using the safeguards set forth by the Minnesota Parenting Leave and Accommodation Act.
Understanding the MN Parental Leave & Accommodation Act
Several state and federal laws protect both pregnant mothers and parental figures from discrimination, allow for reasonable accommodation, and shelter them from wrongful retaliation and termination for taking parental leave. See some examples below:
- Minnesota Parenting Leave Act (MPLA)
- Family and Medical Leave Act (FMLA)
- Minnesota Parenting Leave & Accommodation Act
- Minnesota Nursing Mothers Law
- Women’s Economic Security Act (WESA)
- Civil Rights Act of 1964
All of these laws designate crucial sections to the protection and anti-discrimination policies that all workplaces must follow. The MN Parental Leave and Accommodation Act takes it a step further by stating that employers must provide up to 12 weeks of unpaid leave for the birth or adoption of a child. While there are certain stipulations to this state law, an employer has no right to deny credible claims for parental leave or create a hostile work environment based on this request.
There are some qualifications that employee’s need to meet to request a parental leave, including:
- Worked at the company for at least 12 months
- Worked a minimum of 1,250 hours during the 12 months before their leave
- Worked for an employer with 50 or more employees for FMLA, and at least 21 or more employees for the MN parental leave act
If you meet these requirements, you are eligible for lawful parental leave. Additionally, you are entitled to return to the same position or one with comparable pay and duties. Any drastic change in hours, pay, or role demotion could be considered retaliation. Reach out to our team so that we can help you navigate these intricate discrimination policies, defend your legal rights, and seek just compensation for your pain and suffering.
Parental Leave Discrimination
Review some examples of workplace policies that violate both state and federal parental leave discrimination laws, such as:- Offering paid parental leave with unfair disparities between men and women’s time allowance.
- Retaliating against new parents for taking paid and unpaid leave with reduced hours or salary, wrongful termination, undesirable work assignments, and denied promotions.
- Providing paid maternity leave only to birth mothers, not adoptive parents.
- Placing unjust parental leave conditions for specific genders.
- Denying lawful parental leave requests.
- Emotionally harassing or making snide jokes and comments before or after an employee’s parental leave.
- Denying reasonable return-to-work accommodations including flexible schedules, working remote, or part-time hours.
Exceptional Parental Leave Discrimination Attorneys
The last thing you need as a new parent is the added stress of experiencing discrimination at work. You may even feel the need to suffer through these conditions to avoid retaliation or termination for speaking out against this behavior. Enough is enough. You don’t have to continue suffering through this difficult situation alone. MSB is here to be your legal advocate and help you navigate the parental leave discrimination case against your employer. Our knowledgeable attorneys have extensive experience working with workplace discrimination lawsuits as well as the MN Parenting Leave & Accommodation Act. We will assess your situation, determine damages, and advocate for you throughout the whole process.Let the Team at MSB Help
Being a new parent is already draining enough, and the last thing you need to deal with is unjust parental leave discrimination or even termination. Thankfully, you are not alone; MSB is ready to be your advocate as you take on your employer for their wrongful parental leave discrimination. We take a holistic approach to all legal services within the Twin Cities, meaning that we will thoroughly work the case while providing compassionate and caring feedback to you and your family. You can depend on our skilled legal counsel and support every step of the way.
Don’t continue to feel overwhelmed by this situation. Contact our Twin Cities Parental Leave Discrimination Attorneys at (612) 355-1271 or throughout our online form today. Together, we will evaluate your case and determine the best course of action for you and your family.