Kentucky Maternity and Pregnancy laws & HR compliance analysis

Kentucky Maternity and Pregnancy: What you need to know

The Kentucky Civil Rights Act prohibits employment practices that discriminate on the basis of gender, which includes pregnancy, childbirth, or related medical conditions (KY Rev. Stat. Sec. 344.040).
The Act covers employers with eight or more employees (KY Rev. Stat. Sec. 344.030).
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Employers covered by the Kentucky Civil Rights Act must treat employees who are affected by pregnancy in the same way as employees with temporary disabilities are treated (KY Rev. Stat. Sec. 344.030, Sec. 344.040).
This means that whatever an employer does in regard to temporary disability leave—offer leave with or without pay, or not at all–employees affected by pregnancy must be treated the same as temporarily disabled employees in their requests for time off.
This includes such things as the commencement and duration of disability leave, the availability of extensions, the accrual of seniority and other benefits while on leave, and job reinstatement.
Private employers. There is no Kentucky law requiring private employers to provide family leave for their employees. If family leave is promised, however, employers may have a legal obligation to grant it.
However, Kentucky does have an Adoption Leave Law, under which employers must give both public and private employees up to 6 weeks of leave upon the adoption of a child under the age of 7 (KY Rev. Stat. Sec. 337.015).
Public employers. State employees may take or be required to use paid sick leave when disabled by sickness, injury, pregnancy, or to care for a sick or injured family member under Kentucky's State Employees' Family and Medical Leave Rules.
Employees are entitled to return to their former ...

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