Life can be difficult when you are pregnant. Physical and hormonal changes can make everyday tasks a challenge. But being pregnant shouldn’t result in unfair treatment on the job. If you think you are being treated unfairly at work because of pregnancy, please continue reading to learn about your rights.

In this blog post I will explain how federal laws work together to protect pregnant mothers on the job. I will explain what accommodations you are entitled to, and what pregnancy discrimination looks like.

Can I Take Pregnancy Leave Under the Family Medical Leave Act?

Federal law dictates the minimum pregnancy leave available at larger companies as part of the Family Medical Leave Act. This law applies to government jobs, public and private schools, and all companies with at least 50 employees. It requires those employers to provide 12 weeks of unpaid leave each year for a number of medical reasons, including the birth or care of a newborn child of the employee. Leave is available for pre-term complications or work restrictions, as well as immediately after child birth.

To qualify for FMLA leave, a pregnant mother must have worked for the employer for at least 12 months and at least 1,250 hours over the past 12 months. It only applies to locations where the company has 50 or more employees within 75 miles.

What Pregnancy Discrimination Protection is Available in Small Businesses?

Even if you don’t qualify for FMLA leave, you are protected by the Pregnancy Discrimination Act. This law prohibits an employer from treating a woman unfavorably because of pregnancy, childbirth, or related medical conditions. If you work for a small business with as few as 15 employees, you cannot be fired, passed over for promotion, given lesser assignments, or forced to take leave because of your pregnancy.

The Pregnancy Discrimination Act also protects against pregnancy harassment. If your boss, co-workers, or even customers routinely tease, make fun of, or otherwise harass you because you are pregnant, you may have a federal civil rights claim. However, harassment must be so frequent or severe that it creates a hostile work environment or result in an adverse employment decision.

What If I Am a Pregnant Job Seeker?

The Pregnancy Discrimination Act and Title VII of the Civil Rights Act both apply to job applicants as well as employees. If a potential employer passes you over for a job because of your pregnancy you may have a federal civil rights claim against the business.

What If I Am Unable to Do My Job Because I Am Pregnant?

As your baby develops it may become more difficult to do parts of your job. Many pregnant mothers face medical restrictions on standing, lifting, and other activities that affect their employment. Under the Americans with Disabilities Act, a woman who is unable to do her job because of pregnancy may have a temporary disability. Employers are required to treat that medical condition the same as any other temporary disability (like a broken leg). That means your employer is legally required to make reasonable accommodations for your physical condition. Depending on your job, this could include:

• Light duty
• Alternative assignments
• Providing on-site accommodations (like a stool or ergonomic furniture)
• Allowing breaks
• Allowing you to work from home
• Allowing time off for doctors’ appointments
• Paid disability leave (if offered for other conditions)

When a new mother returns to work, some short term disabilities may continue. If there were complications during pregnancy or if a mother is breastfeeding, she may need continued accommodations including breaks to pump breast milk or continued light duty until she is healed. These are also covered by the ADA.

Can I Be Fired For Taking Time Off to Have My Baby?

The Pregnancy Discrimination Act says employers may not discriminate against you because you are or were pregnant, could become pregnant, or are trying to become pregnant. In general, this means you cannot be fired because of your pregnancy. Nor can you be laid off or reassigned because your boss believes the job posses a risk to you or your baby. However, if you work for a company with less than 15 employees or if your pregnancy would pose a significant safety risk to others at work, you may be reassigned.

Smaller companies are also not required to provide paid or unpaid maternity leave. However, if your company has a policy regarding short-term disability leave, you are entitled to all the same protections as a person with any other disability. This may include paid or unpaid leave which would ensure that you could not be fired for taking time off to have your baby.

The federal laws protecting pregnant mothers can be confusing. Your position, the size of your company, and internal disability policies can all affect your rights. However, most employees are entitled to significant protections against pregnancy discrimination and harassment. If you believe you are being treated unfairly because of your pregnancy, our employment discrimination attorneys at Eisenberg & Baum, LLP, are here to help. We’ll explain your rights and help you negotiate for the accommodations and treatment you deserve. Contact Eisenberg & Baum today for a free consultation and get protection for you and your growing family.