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10:53 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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Is your employer allowed to put you on maternity leave even though your doctor says it is OK to work?
Question: Is your employer allowed to put you on maternity leave even though your dr says its ok to work?

Answer: No. That policy should be available for you to take advantage of if you need it. However, I believe it could be pregnancy discrimination for the employer to require you to go on maternity leave when you do not want to be on leave and you are able and available to work. If your employer has fifteen or more employees, then you may have a claim under Title VII (specifically the Pregnancy Discrimination Act). You can find out more about Title VII by reading about discrimination at www.eeoc.gov. To make a claim against your employer for discrimination, you should contact the Raleigh area EEOC office at 1-800-669-4000. Their offices are located at 1309 Annapolis Dr., Raleigh, NC 27608. Again, assuming your employer has 15 or more employees, it cannot retaliate against you for making a complaint of discrimination. I hope this helps and good luck!
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