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Laws That Protect You During Pregnancy
The Pregnancy Discrimination Ad
The Pregnancy Discrimination Act of 1978 requires companies employing 15 or more people to treat pregnant workers the same way they treat other workers who have medical disabilities and cannot work. The law prohibits job discrimination on the basis of pregnancy, childbirth or related disability. It guarantees equal treatment of all disabilities, including pregnancy, birth or related medical conditions.
Your employer cannot fire you or force you to take mandatory maternity leave because you are pregnant. You are protected in other ways, too.
• You must be granted the same health, disability and sick-leave benefits as any other employee who has a medical condition.
• You must be given modified tasks, alternate assignments, disability leave or leave without pay (depending on your company's policy).
• You are allowed to work as long as you can perform your job.
• You are guaranteed job security on leave.
• You continue to accrue seniority and vacation, and you remain eligible for pay increases and benefits.
• If your company does not provide job security or benefits to other employees, it does not have to provide them to a pregnant woman.
Pregnancy Leave
Pregnancy leave is the period during which your doctor states you cannot work. This can range from 4 to 6 weeks after a vaginal delivery to 6 to 8 weeks following a Cesarean delivery. (Fathers are not covered under this law, but see "The Family and Medical Leave Act" below.)
If you have problems obtaining these benefits from your employer, tell your doctor. He may be able to direct you to someone who can help you.
The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) was passed in 1993. If you or your husband have spent at least 1 year working for the co pany at which you are currently employed, the law allows either of you to take up to 12 weeks of unpaid leave in any 12-month period for the birth of your baby. Any time you take off before the birth of your baby is counted toward the 12 weeks you are entitled to in any given year. You may take maternity leave intermittently or all at the same time.
Under this law, you must be restored to an equivalent position with equal benefits when you return. However, the act applies only to companies that employ 50 or more people within a 75-mile radius. States may allow an employer to deny job restoration to employees in the top 10% compensation bracket. Check with your state's labor office.
If morning sickness causes you to be absent from your job, the Family and Medical Leave Act (FMLA) states that you do not need a doctor's note verifying the problem. Nausea and vomiting from pregnancy is classified as a "chronic condition" and may require you be out occasionally, but you don't need a doctor's treatment. Most doctors will write a note, if necessary. For more information on the Family and Medical and Leave Act, call their hot line at 800-522-0925.
State Laws
Many states have passed legislation that deals with parental leave. Some states provide disability insurance if you have to leave work because of pregnancy or birth.
Laws differ, so check with your state's labor office, or consult the personnel director in your company's human-resources department. You may also obtain a summary of state laws on family leave by sending a self-addressed mailing label to the following address:
Women's Bureau
U.s. Department of Labor Box EX
200 Constitution Avenue NW Washington, DC 20210 800-827-5335
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