What Are My Rights at Work If I Am Pregnant? 

Bringing a new life into the world is an extraordinary journey, and as an employer, it is essential to be well-informed about the rights and protections afforded to pregnant employees. At McCune Law Group, we believe in promoting a safe and supportive work environment for all individuals. In this blog, we will explore the legal rights and protections available to employees during pregnancy, ensuring that both employers and employees understand their respective responsibilities. 

Pregnant Employees’ Rights are Protected 

A pregnant employee is protected under various acts and laws. Here are a few protections that cover a pregnant employee: 

1. Pregnancy Discrimination Act (PDA): The Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA, employers are obligated to treat pregnant employees the same as any other employee with a similar ability or inability to work. This includes hiring, promotions, job assignments, and access to benefits. 
2. Family and Medical Leave Act (FMLA): The FMLA provides eligible employees with the right to take unpaid, job-protected leave for various family and medical reasons, including pregnancy and childbirth. Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave in a 12-month period for prenatal care, childbirth, and recovery, as well as for bonding with a newborn or newly adopted child. Upon returning from leave, employees are generally entitled to be reinstated to their previous position or an equivalent one. 
3. Reasonable Accommodations: Pregnant employees may require certain accommodations to ensure a healthy and safe working environment. The Americans with Disabilities Act (ADA) may provide protection for employees with pregnancy-related impairments that substantially limit their major life activities. Employers are required to provide reasonable accommodations unless doing so would cause undue hardship. Accommodations may include modified work schedules, temporary transfers to less physically demanding roles or adjustments to job duties. 
4. Health Insurance and Pregnancy-Related Medical Expenses: Employers who offer health insurance benefits are generally required to provide coverage for pregnancy-related medical expenses, including prenatal care, labor and delivery, and postnatal care. Employers must treat pregnancy, childbirth, and related conditions the same as any other medical condition covered by their health insurance plans. 
5. Employer Policies and Communication: It is crucial for employers to have clear and comprehensive policies that address pregnancy-related matters, such as leave, accommodation requests, and non-discrimination. These policies should be communicated to all employees, including supervisors and managers, to ensure a consistent and supportive approach throughout the organization. 

Frequently Asked Questions: 

Can an employer refuse to hire someone because they are pregnant? 

• No, it is illegal for an employer to refuse to hire someone solely because they are pregnant. The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant job applicants the same as other applicants and make employment decisions based on qualifications and abilities. 

Can a pregnant employee be fired? 

• No, an employer cannot terminate an employee simply because they are pregnant. Pregnancy discrimination is prohibited under the PDA. However, if there are legitimate reasons for termination unrelated to pregnancy, such as performance or misconduct issues, an employer can take appropriate action as long as it is consistent with their usual policies and practices. 

Is a pregnant employee entitled to maternity leave? 

• Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave for pregnancy, childbirth, and recovery, as well as for bonding with a newborn or newly adopted child. However, the specific availability of maternity leave may also depend on state laws and employer policies. It is important for pregnant employees to review their company’s policies and consult with their HR department to understand their entitlements and any required procedures for requesting leave. 

What accommodations can a pregnant employee request? 

• Pregnant employees may require reasonable accommodations to ensure a safe and healthy work environment. Accommodations can vary based on individual needs but may include modified work schedules, temporary transfers to less physically demanding roles, additional breaks, the ability to sit or stand, and assistance with heavy lifting. The employer is required to engage in an interactive process with the employee to determine suitable accommodations that do not cause undue hardship. 

As an employer, understanding and respecting the rights of pregnant employees is not only legally required but also promotes a positive work culture. By adhering to laws such as the Pregnancy Discrimination Act and the Family and Medical Leave Act, employers can foster an inclusive environment that values the well-being and contributions of pregnant employees. 

At McCune Law Group, we specialize in employment law and are committed to assisting both employers and employees in navigating the intricacies of pregnancy-related legal matters. Our dedicated team of attorneys is here to provide guidance, support, and advocacy to ensure the protection of your rights.