Pregnancy Disability Acts

The Pregnancy Discrimination and the Fair Employment and Housing Acts prevent pregnant women from being discriminated against and make it necessary to treat the leave taken by pregnant women in the same manner as a temporary disability. Many states also have laws that pertain to pregnant women. Federal laws apply to all companies with 15 or more employees, but state laws may have different size requirements.

Hiring

Employers are not allowed to make hiring decisions based on color, gender, age and other specified characteristics. This protection from hiring discrimination is also extended to pregnant women. An employer cannot refuse to hire a job applicant on the basis of her pregnancy

Sick Leave

Leave related to pregnancy and pregnancy-related illness is to be treated in the same manner as a temporary disability. An employer may ask a pregnant woman for a note from her doctor prior to allowing leave and paying sick benefits, but only if it is company policy or practice to require this of all temporarily disabled employees. A woman's job must be held for her for the same amount of time that all temporarily disabled employees' jobs are held. An employee is entitled to up to 4 months of pregnancy related leave, but may be granted more

Right to Work

A pregnant woman is allowed to continue working as long as she is able. An employer cannot force an employee to take pregnancy leave at a time before she desires to; however, the employee must be able to perform all of the duties of her position if she wishes to remain active. Employers are also prohibited for disallowing a woman to return to work for a specific amount of time after her child's birth.

Health Insurance

As a benefit, many employers continue to pay the health insurance premiums of workers who are out on leave. If this is company policy, the employer must also continue to pay health insurance premiums for any woman on a pregnancy related leave. Pregnant women may not be asked to pay higher deductible or additional insurance premiums to cover her pregnancy. Pregnancy benefits and leaves must be granted to all of the women who work in a company, not just to married women.

Remedy

If you believe that your employer has discriminated against you because of your pregnancy, your first step should be to discuss the problem with your employer. If you and your employer can not come to an agreement you should contact an attorney or regulatory agency quickly. There is a fairly short statute of limitations for discrimination cases. It is also important for you to try and find another job. Even if the odds of you being eventually return to your old job look promising, you should show your serious desire and ability to work by looking for a job.

Resources

• U.S. Department of Labor and Industry