Florida Maternity and Pregnancy laws & HR compliance analysis

Florida Maternity and Pregnancy: What you need to know

The Florida Human Rights Act prohibits employment practices that discriminate on the basis of marital status and sex.
In 2015, the Act was amended to specifically prohibit discrimination based on pregnancy.
The law makes it unlawful for an employer to discharge or to refuse to hire any individual, or to discriminate with respect to compensation, terms, conditions or privileges of employment, on the basis of pregnancy. It is an unlawful employment practice to limit, segregate, or classify employees or applicants for employment in a way that would deprive an individual of employment opportunities or adversely affect her status as an employee on the basis of pregnancy.
The amendments to the Act also state that public accommodations may not be denied to an individual on the basis of pregnancy.
The state Supreme Court has also ruled that the Act includes protection against discrimination based on pregnancy, which is a natural condition and primary characteristic unique to the female sex (Delva v. Cont'l Group, Inc., 137 So. 3d 371 (Fla. 2014)).
The Act covers employers with 15 or more employees (FL Stat. Sec. 760.01 et seq.).
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Florida does not have a state law that specifically requires employers to offer pregnancy leave.
Nonetheless, employers covered by the federal Pregnancy Discrimination Act (PDA) must provide the same leave benefits to women affected by pregnancy that are provided to employees with temporary disabilities.
State law requires that a mother be allowed to breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be (FL Code Sec. 383.015).
The law does not specifically address the rights of employees to ...

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