Pregnancy Disability Leave Law

Pregnant women may take leave from work if they qualify to do so.

Disability leave laws extend to pregnant women under the Family Medical Leave Act (FMLA) of 1993. Under this law, women who become pregnant are entitled to take a specific amount of time off for medical reasons, including the birth of their child. Employers, in certain circumstances, are required to protect their jobs until they return. Notification, if possible, must be given by all pregnant women to their employers. Federal laws state that a woman cannot be asked to leave her job just because she becomes pregnant, as long as she can still fulfill the requirements of her position.

Purpose

If a pregnant woman can no longer work, she is protected by the law.

The purpose of the pregnancy disability leave law is to give pregnant women the same rights other employees would have during a temporary disability, including unpaid time off and job protection. Women become eligible during pregnancy, childbirth, or if they suffer any medical complications during the pregnancy. Once a woman, due to any of the above conditions, can no longer perform her duties at work she is considered disabled and therefore protected under the law.

Laws

California has different leave laws than other states.

Depending on the state you live in, the pregnancy disability leave laws may differ. For example, some states only give disability leave if you work for a company that employs 50 people or more. Other states, like California, mandate that any company that hires five employees or more must offer disability leave to pregnant women under the California Fair Employment and Housing Act. In all cases, the pregnant employee must provide notification of leave, if possible, and be a full-time worker to receive all benefits.

Time Frame

Woman may take up to four months off to deal with their pregnancy.

Pregnant women who become disabled due to their condition may receive up to four months of unpaid leave before returning to work, as long as they provide medical verification from their doctor to their employer. After the child is born, and the disability leave comes to an end, they may become eligible for an additional 12 weeks off to recover and bond with their new child. The additional 12 weeks off, like the initial time off, is unpaid.

Rights

Under pregnancy disability laws, a woman that becomes pregnant cannot be forced to take time off of work, as long as she can still perform the functions of her job. Any woman who returns to work after taking her four-month leave is entitled to the same job position, or a similar job position, as well as similar pay in comparison to the position she left. Although a 30-day notification is required to take leave, it may not be necessary in some circumstances. For example, if a woman experiences morning sickness and cannot come into work, she may give notification on that day.

Limitations

Employers are not required by law to cover medical expenses for pregant women.

While certain rights are protected under pregnancy disability leave laws, others or not. For example, if a woman's disability leave lasts longer than four months, her employer is not required by federal law to hold her job. Employers are also not required by law to offer any financial support when it comes to childbirth, or any other pregnancy related issue. When a woman returns to work within four months, she runs the risk of not getting her job back if her position had to be terminated due to company cut-backs, lay-offs or any other reason.

References

• LAS: Pregnancy Discrimination And Leave
• DPA: Pregnancy Disability Law
• Cue Union: Family Medical Leave Act (FMLA)
• Employment: Employment Labor Law

Resources

• JWJ: History of Workers' Rights Boards
• Pregnancy: The History of Childbirth - Ouch