What Rights do Pregnant Employees Have?
Federal Discrimination Policies for Work During, After Pregnancy
Sep 14, 2009
Both employers and employees have specific rights when it comes to pregnancy. Regardless of which side of the paycheck someone is on, she should know how federal law affects the rights of pregnant employees.
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964.
This is a federal piece of legislation that prohibits employers (including state and local governments) from discriminating against women based on pregnancy, childbirth, or related conditions.
Title VII Rights During Pregnancy
- An employer cannot refuse to hire a woman who is pregnant because of her pregnancy or related condition, provided she can perform the major functions of the job
- Pregnant employees cannot be forced to take leave, provided they are still able to perform the major duties of the job
- Pregnant employees experiencing complications that keep them from performing the major functions of the job must be treated as a temporarily disabled employee
- Employers cannot force a woman to remain on leave during pregnancy if she takes temporary leave for a pregnancy-related condition and later recovers her ability to perform the job
- Employers must hold the pregnant woman's job for as long as they hold jobs for sick or temporarily disabled employees taking leave
- Health insurance provided by the employer must include coverage for pregnancy and related conditions on the same basis in terms of fees as is provided for other medical conditions, with the exception of abortion procedures
- Employees recovering from childbirth cannot be forced to take a minimum amount of leave
- Rights provided for pregnant employees cannot differ based on the woman's marital status
- Employees on pregnancy-related leave must be treated the same as other employees on disability leave with regards to accrual of vacation, seniority, short-term disability benefits, etc
- Pregnant women have the right to further protection against discrimination resulting from filing complaints against employers, etc, according to Title VII
Pregnancy and the Family Medical Leave Act
Employees who qualify for benefits under the Family Medical Leave Act have additional rights, including:
- The right to take 12 work weeks of unpaid leave to care for a newborn baby, an adopted child, or a foster child
- The right to return to the same or an equivalent job after taking such leave
- The right to such benefits regardless of the number of employees, provided the employer is a state or local government
Who is Covered by Anti-Discrimination Laws for Pregnant Women?
Any woman working for (or applying for a job with) an employer who has 15 or more employees must not be discriminated against based on pregnancy or related conditions according to the Title VII Pregnancy Discrimination Act, provided the woman can perform the duties of the position.
There is no minimum amount of time required on the job before a woman is protected by the Pregnancy Discrimination Act.
For the Family Medical Leave Act, there are restrictions based on the number of hours or months an employee has worked for the employer. In addition, this act only applies to employers with 50 or more employees (except government agencies, which all abide by this act).
Resources for Employers or Pregnant Employees
"Employment Policies Relating to Pregnancy and Childbirth." Equal Opportunity Employment Commission, 2004 CFR Title 29, Volume 4.
"Preparing for Maternity Leave." Melissa Dylan, Suite101.com, 2007.
"Your Rights During Pregnancy and Childbirth." American Federation of State, County, and Municipal Employees, 2006.
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