Miami Discrimination Attorney Anisley Tarragona Explains Maternity Leave and Workplace Rights
MIAMI, FL – September 03, 2026 – Pregnancy can bring new challenges at work, from denied accommodations and leave requests to demotions, harassment, or wrongful termination, and both federal and Florida laws provide important protections for many workers. Miami discrimination attorney Anisley Tarragona of BT Law Group, PLLC (https://btattorneys.com/miami-discrimination-lawyer/pregnancy/) has published guidance explaining how the Pregnant Workers Fairness Act, the Family and Medical Leave Act, and Florida law protect employees at every stage of pregnancy, childbirth, and the return to work.
According to Miami discrimination attorney Anisley Tarragona, several overlapping statutes may apply depending on the employer, the job, and the circumstances of the case. Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits gender discrimination, including discrimination because of pregnancy, childbirth, and related medical conditions. “Many workers don’t realize that more than one law may apply to a single pregnancy discrimination claim,” explains Berkowitz. “The applicable protections depend on the type of discrimination, the need for a workplace accommodation, and whether a pregnancy-related medical condition qualifies as a disability.”
Miami discrimination attorney Anisley Tarragona notes that the Pregnant Workers Fairness Act, which took effect on June 27, 2023, expanded protections for pregnant workers who need job adjustments but do not have a qualifying disability under the Americans with Disabilities Act. The law generally applies to private and public employers with 15 or more employees and requires covered employers to provide reasonable accommodations for known pregnancy-related limitations unless doing so would create an undue hardship. Employers may not force an employee to take leave when another reasonable accommodation would allow the worker to continue working, nor may they retaliate against a worker for requesting an accommodation.
Berkowitz emphasizes that job-protected maternity or parental leave for most private-sector workers in Miami is governed by the federal Family and Medical Leave Act. To qualify, an employee generally must have worked for a covered employer for at least 12 months, completed at least 1,250 hours of service in the preceding year, and work at a location where the employer has at least 50 employees within 75 miles. Eligible employees may take up to 12 workweeks of unpaid, job-protected leave for childbirth, a qualifying pregnancy-related serious health condition, or bonding with a newborn, and are generally entitled to return to the same or a virtually identical position.
“Eligible employees who take protected leave generally have the right to return to the same or a virtually identical position when their leave ends,” Attorney Berkowitz points out. He adds that Florida does not generally require private employers to provide paid maternity leave, although employer policies, accrued paid time off, or short-term disability benefits may provide income during that period.
The firm notes that pregnancy discrimination can occur at any stage of employment, from the hiring process through maternity leave and the return to work. Common examples include refusing to hire a qualified applicant because she is pregnant, demoting a worker or cutting hours after a pregnancy announcement, requiring medical clearances not demanded of similarly situated non-pregnant employees, and terminating a worker because of a pregnancy-related medical condition or protected leave. Workers returning from leave may also have the right, under the Fair Labor Standards Act as amended by the PUMP Act, to reasonable break time and a private space to express breast milk for up to one year after a child’s birth.
Attorney Berkowitz observes that timing and deadlines are critical to preserving a claim. A charge filed under federal law with the Equal Employment Opportunity Commission generally must be filed within 300 days of the alleged discriminatory act in Florida, while a complaint under the Florida Civil Rights Act generally must be filed with the Florida Commission on Human Relations within 365 days. After receiving an EEOC Notice of Right to Sue, a worker generally has 90 days to file a federal lawsuit. “Missing a filing deadline can prevent someone from pursuing a pregnancy discrimination claim, even when the underlying claim has merit,” he advises.
Workers who successfully prove pregnancy discrimination may be entitled to remedies including back pay for lost wages and benefits, reinstatement or front pay, compensatory damages for emotional distress, punitive damages where authorized, and attorneys’ fees and litigation costs. The team at BT Law Group, PLLC, including attorneys Jason D. Berkowitz and Anisley Tarragona, represents pregnant workers and new parents throughout Miami-Dade County and South Florida in accommodation disputes, retaliation matters, and charges filed with the EEOC and the Florida Commission on Human Relations.
For those facing pregnancy discrimination, denied accommodations, or interference with leave rights, contacting an experienced employment attorney early may help protect important rights, preserve evidence, and identify the best course of action before deadlines expire.
About BT Law Group, PLLC:
BT Law Group, PLLC is a Miami-based employment law firm located at 3050 Biscayne Blvd STE 205, Miami, FL 33137. Founding partners Jason D. Berkowitz and Anisley Tarragona represent employees throughout Miami-Dade County and South Florida in workplace discrimination, retaliation, wrongful termination, pregnancy discrimination, and wage and hour matters, with services available in English and Spanish. For consultations, call (305) 507-8506.
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Phone: (305) 507-8506
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