In the United States, there are two laws concerning pregnancy and employment: The Pregnancy Discrimination Act and The Family and Medical Leave Act of 1993. The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Both of these laws have very specific rules and requirements for their use and you should consult an attorney if you have questions about how they apply to you. Generally, these laws provide the following benefits:
Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.
Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
An employer cannot refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the major functions of her job.
If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave, or leave without pay.
Pregnant employees must be permitted to work as long as they are able to perform their jobs.
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
You can access more information on these laws in the Healthy Pregnancy Newsletter Reading Corner.