Maternity Leave Act of 1989

Summary

Maternity Leave Act of 1989 - Title I: General Requirements for Maternity Leave - Entitles eligible employees to ten workweeks of unpaid leave during any 24-month period because of adoption placement of a child with them. Entitles an eligible female employee to such workweeks of leave during such period because of the birth of a child to her. Requires that: (1) all accrued sick, vacation, or other paid leave be exhausted before such unpaid leave is provided; (2) the ten-week period of unpaid leave be reduced by the amount of paid leave substituted; (3) unpaid leave be taken in consecutive workweeks; and (4) notification be given of employee intent to use such leave and to return to work from it. Entitles employees who take such leave to be restored, upon return, to their former positions, under specified conditions, and with exceptions for certain highly compensated employees. Requires employers to continue health plan coverage for employees during such leave. Reduces by the length of leave certain continuation coverage for employees who fail to return to work after taking it. Provides: (1) that this Act does not diminish more protective existing maternity leave rights under a collective bargaining agreement or employment benefit plan or program; and (2) that employee rights under this Act may not be diminished by any less protective agreement, program, or plan. Provides that this Act shall not preempt any State or local law requiring employers to offer more extensive maternity leave. Provides that employer compliance with this Act shall not violate title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978. Title II: Enforcement - Authorizes the Secretary of Labor (the Secretary) to assess a civil penalty of up to $10,000 against any employer who violates this Act, taking account of the previous record of compliance and the gravity of the violation. Authorizes the Secretary to bring certain injunctive actions in U.S. district courts to restrain violations of this Act. Makes an employer who violates this Act liable to the eligible employee affected by such violation for appropriate legal or equitable relief, including, but not limited to, employment, reinstatement, promotion, and payment of lost wages and benefits. Prohibits waiver of rights or procedures under this Act, unless such waiver is part of a written settlement.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 11 October 1989

  Open at official source

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