Pregnancy Unemployment Benefits – Know Your Rights

Rohan Mathew

Updated on:

Law
Pregnancy Unemployment Benefits – Know Your Rights

Motherhood is one of the best chapters in the life of a woman. This is an experience which helps a woman feel complete and gain new purpose in life. However this is one phase which also brings in its trail a number of challenges as well. Apart from the physical and emotional turmoil a woman also has to face, yet again another pertinent challenge that awaits a professionally engaged expecting mother due to no fault of her – forced unemployment.

Professional termination can be harrowing

Being professionally engaged is considered to be a huge support for financial independence. In the contemporary times professional careers are considered with much significance by most women. In such a situation losing your job just due to your pregnancy can create distressing conditions for any women. However instances where female employees are disengaged from their employment due to pregnancy are not really rare. In the course of this discussion we will take a look at the pregnancy unemployment benefits pregnant female employees are eligible to.

Protective measures from the federal government

In the last 50 years the Federal Government of the nation has passed several measures to protect pregnant working women and new mothers from hardships and discrimination at their workplace. Under the Family And Medical Leave Act and the Pregnancy Discrimination Act firing a worker or female employee on account of her pregnancy happens to be completely illegal. This is a program which intends to provide stability and safety to women employees who lose their jobs because of no fault of their own full stop in case of pregnant on expecting mother is laid off or if the company is shutdown the lady is entitled to receive a portion of their salary through the government.

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The concept

If the expecting mother is available and is eligible to work the state provides and sanctions unemployment benefits to the women. As per these benefits she is entitled to withdraw 50% of the salary was drawing from the company earlier when she was working full fledged with the organization.

Eligibility for the benefit

Since this is a measure or a program created under the jurisprudence of the federal government there are certain eligibility criteria to avail this unemployment benefit. let us take a look at them.

  • Women who are fired or are disengaged from their professional responsibilities due to no other fault of their other than being pregnant are eligible for this unemployment benefit.
  • Similarly ladies who are forced to put in their resignation under extreme conditions and circumstances are also eligible for this benefit.
  • Pregnant female workers who are available to work in any other matching job profile as per their own skills can also avail the pregnancy unemployment benefit.
  • Female employees of companies who have paid on employments taxes are eligible for these benefits.

Under no circumstance a pregnant woman who is willing to work and is available to do so can be denied her pregnancy unemployment benefits. In case it is done it will be considered as a violation of the federal law and company authorities acting in this way will be liable to receive punishment.

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Situations that can go against you

However the pregnant women can face a problem in deriving her pregnancy unemployment benefits in case she is not available and is unable to actively work in the position matching her skills. If the doctor or the physician has advised her against working and has advised bed rest for the lady then she will not be in a position to provide the services actively to the organization. In this context she will not be able to avail the unemployment benefits at the time of pregnancy. once again if she quit the job due to medical inability or the dearth of ability to perform physical labor then again she will be ineligible to withdraw any kind of unemployment benefit. However if she is on an unpaid leave and look forward to rejoin the company after sometime of giving birth and if the organization then does not have a suitable vacancy for the for lady she will be eligible to withdraw unemployment benefits.

Protective measures for pregnant women employees

Several laws like the Pregnancy Discrimination Act Of 1978 aims at protecting the interest and the dignity of the pregnant female workers as well as new mother. As per this act firing a female employee because of her pregnancy is completely illegal. At the same time if a pregnant woman or a new mother is searching for new job not considering her for the vacancy just due to her pregnancy status is once again illegal. Pregnant women are also eligible to get special accommodations like specially abled employees.