Maternity Leave & Your Rights

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When you're expecting, the last thing you should have to think about is your rights at work, but some employers deny workers rights to maternity leave. Workers have various Federal, state, and local laws governing maternity leave, and if you find yourself fighting with your employer over your right to maternity leave, your attorney through our Legal Protection Subscription Plans for Individuals & Families can walk you through your options based on the laws of the state where you live, as well as give you advice for your specific situation. Learn more about all the benefits of membership, and read on for a brief overview of maternity leave rights.

Maternity leave allows mothers to have time away from their jobs in order to rest and recuperate from child birth as well as bond with and care for their newborns. Depending on your employment situation, this kind of leave will most likely be unpaid, as paid maternity leave is rare in the United States. Federal Law through the Family and Medical Leave Act (FMLA) requires that your employer give you 12 weeks of unpaid, job-protected maternity leave; unfortunately, this law only applies if your employer has more than 50 employees. Since October of 2020, Federal employees are guaranteed 12 weeks of paid parental leave, but maternity leave laws vary from state to state for non-Federal employees.

FMLA leave has eligibility rules, including that you have worked for your employer for at least a year, and 1,250 hours in the 12 months preceding when the leave begins. The employer must have more than 50 employees, or be a public agency or a school. The FMLA only covers new mothers so that they have time to bond with their child, and this applies to adoptive parents, as well.

Employers are not required to pay employees while on FMLA maternity leave, but some employers do offer paid leave, though they are not required to by any federal, state, or local law in the United States. The Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 provide some additional protections for a pregnant person's job if they need time off due to child birth, as well.

If your employer is resisting giving you time off for maternity leave, you may need to advocate for yourself, and knowing the laws in your state will be very helpful in this situation. Your attorney through our Legal Protection Subscription Plans for Individuals & Families will be able to give you advice based on your specific situation and your state of residence or employment, including help filing a claim with the Equal Employment Opportunity Commission (EEOC), a governmental body that enforces Federal laws that make it illegal for employers to discriminate against employees. Learn more about all the benefits of membership or sign up today to protect your rights!

Employee Privacy Rights

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Today's workplace has many pitfalls when it comes to employee privacy rights. While your employer is permitted to monitor certain aspects of your job in regards to business reasons, these things are limited to very specific things. Employers are not allowed to monitor your private communications or what you do when you're not at work (such as on breaks or before or after your shift). If you feel that you have been the victim of an invasion of privacy while at work, your attorney through our Legal Protection Subscription Plans for Individuals & Families may be able to help. A dedicated, experienced employment attorney will be able to give you advice and answer questions specific to your situation at no additional cost. Learn more about all the benefits of membership and read on for a brief overview of the types and kinds of privacy protection you should expect at work.

In the United States, employees have rights regarding their privacy at work, including email privacy, social media privacy, and personal privacy, prohibiting surveillance by management or other employees. These rights are constitutional rights, court decisions, and federal and state laws that act as legal protections prohibiting employers from disclosing employees' personal information. An example is the 1974 Federal Privacy Act that protects employees private information, requiring that government agencies protect this information from being disclosed without the employees' consent. Some states also have additional laws protecting employees personal information, including medical and financial information.

There is an additional "common law" privacy right that workers have that comes from court decisions, giving employees the right to maintain privacy of some information from the employer. One case involved a worker keeping her pregnancy private from her employer.

Employers monitor workers all the time for security purposes, but they are prohibited from monitoring employee actions, including Internet and email activity. The same laws that prohibit other areas of workplace privacy also prohibit employers from reading employee emails without consent. The Stored Communications Act prohibits employers from accessing or disclosing the contents of emails without the employee's consent, and this also extends to Internet activity.

Further, employers are not allowed to monitor employees' social media activity, including accessing posts, private messages, photos, or comments without a "business need" to do so. What does this mean? An example might be if one employee is sending threatening messages to another employee. The employer would then be able to access the private messages as part of an investigation.

However, when it comes to telephone calls, employees only have a limited right to privacy, as employers are allowed to monitor employee calls for business purposes, such as to make sure employees are staying within company policy or in cases of misconduct. This does not mean that your employer can listen to personal phone calls to ascertain who the employee is talking to or what they're discussing.

Employers have the right to video surveillance for "business purposes." Typically, this means that employers can use video equipment for security, workplace safety, or to monitor misconduct. However, these cannot be used to watch employees on breaks or to see what they're doing when they're not at work.

Employers also cannot open and monitor Postal mail meant for employees, as the USPS has strict rules about how employee mail can and cannot be handled by employers and mail meant for employees cannot be intercepted by your employer.

Another area of employee privacy that has become more prominent recently is tracking with the use of GPS. This is seen most often in the trucking and shipping industries, and it is used to keep track of freight and trucks, prevent theft, and to find ways to make the process more efficient. Although this kind of technology can be used to track employees, as well, it is prohibited unless the employee has given their consent.

Employers are generally prohibited from conducting physical searches of an employee's person, personal items, or personal workplace unless there is a legitimate business reason to do so, such as investigating theft or misconduct, but the employer must still get the employee's consent unless the employer has a legal warrant from the court that is served by law enforcement.

An employer can conduct credit checks and background checks to help determine if a potential employee has a criminal record or if they are stable financially. With few exceptions, these kinds of checks cannot be conducted without the employees' consent.

Privacy rights when you work from home - which much more common today than it used to be - are very similar to rights afforded at a traditional workplace. Your employer is not allowed to invade your privacy, but they are typically allowed to access data and files on equipment that belongs to them, or monitor the usage of such devices. Make sure you understand your company's privacy policy before agreeing to work from home.

Knowing what rights to privacy you have as an employee at work is essential. If you have concerns about privacy violations at work, contact your attorney through our Legal Protection Plans for Individuals & Families right away, and get answers to questions and advice for your specific situation at no additional cost or sign up today!

Random Drug Tests & Your Rights

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In workplaces across the US, random drug tests have become increasingly common since the late 1980s when employers were required by federal laws to have drug testing policies in their employee guidelines. What rights do employees have when it comes to random drug testing? Are random drug tests legal? Do you have the right to be informed about an upcoming drug test or can you be tested without warning? If you have questions about workers' rights or other employment-related concerns, your attorney through our Legal Protection Plans for Individuals & Families will be able to give you personalized advice and assistance for your specific situation. Learn more about our Subscription Plans and read on for more info about randomized drug testing.

Random drug testing is unannounced, randomized testing of employees to see if they test positive for illicit substances. These are commonly conducted using urine analysis tests that can detect traces of illegal drugs and other substances for some time after the drug use occurred and long after the effects have worn off. Federal law states that employers have the right to drug test employees, but some states also have laws governing how random drug tests are to be conducted, so it is important for employees to know the laws of their state in regards to random drug tests.

The first question people generally ask is, "Can I refuse a random drug test from my employer?" And the most basic answer to that question is no. If your employer has a published policy in place requiring random drug tests, you will have to comply or risk punishment, up to and including being fired from your job. You may be able to get a medical exception from your doctor if you have a disability that prevents you from taking urine tests or if your state has laws that prohibit random drug tests. However, whenever you refuse a drug test from your employer, you do risk disciplinary action, which may include termination.

The second question people typically ask is, "Is it legal for my employer to require me to take a random drug test?" As long as they follow local, state, and federal rules and procedures, employers have the right to test employees for drugs. These rules essentially say that the testing must be conducted in an impartial and fair manner and that all employees have an equal chance of being selected for each random test. No employee should be chosen for testing more than once. Company policies regarding random drug tests need to be clearly outlined in employee handbooks or other employment materials given to employees.

The next question people ask is generally, "Can I contest the results of drug test?" The answer is yes. If you test positive but haven't taken any illicit substances, you should immediately ask to take another test, as you may have gotten a false positive. Nearly all employers will be happy to test you again. If your employer refuses to test you again, taking another test from an outside firm or medical facility usually won't do you any good, as employers are not required to accept those results and can still fire you. If you receive a false positive drug analysis test, you should call your attorney immediately. Depending on the circumstances of your particular case, the state you live in, and other factors, you may have a case for appealing any disciplinary action from your employer, whether that be probation, being laid off, or being terminated.

If you have been punished or fired from your position due to random drug testing, an employment law attorney may be able to help you file an appeal or a wrongful termination suit, depending on the circumstances in your case. Your attorney through our Legal Protection Plans for Individuals & Families will be able to give you advice and help you understand your rights as they pertain to your specific case. Learn more about all the benefits of membership or sign up today!