Employment Rights While Pregnant
Discriminatory practices in the workplace can severely hamper a person's career path and plans. Fortunately, women who become pregnant have certain rights to protect them from being discriminated against. The Pregnancy Discrimination Act and the Family Medical Leave Act provide certain protections and rights in cases where an employee becomes or plan to become pregnant.
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Pregnancy Discrimination Act
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Employment rights regarding pregnancy in the workplace appear as specific protections under the Pregnancy Discrimination Act of 1978. The Pregnancy Discrimination Act exists as an amendment made to Title VII of the Civil Rights Act, originally passed in 1964. Specifically, the law prohibits workplace discriminatory practices related to pregnancy or any medical conditions related to pregnancy and childbirth, according to the U.S. Equal Employment Opportunity Commission. These protections enable women to take needed time off from work without the risk of placing their job or job status in jeopardy. Employers with 15 or more employees are required to abide by the terms of the Pregnancy Discrimination Act.
Family Medical Leave Act
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The Family Medical Leave Act (FMLA) of 1993 addresses employment rights in cases where employees require time off from work for medical reasons, according to the U.S. Equal Employment Opportunity Commission. The birth of a child falls within the definition of a medical condition under FMLA guidelines. Both men and women have the right to take an unpaid leave from work for pregnancy-related circumstances. While on leave, employees maintain the same job status and benefits upon their return to the workplace. FMLA guidelines apply to workplaces with 50 or more employees. Eligible employees must have at least 1,250 work hours completed prior to the start of a leave period.
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Employer Responsibilities
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Specific guidelines outlined under the Pregnancy Discrimination Act address employee rights regarding hiring procedures, pregnancy as a physical or medical condition and insurance coverage requirements, according to the U.S. Equal Employment Opportunity Commission. An employer cannot base a hiring decision on an employee's pregnancy status or plans to become pregnant in the future. As a medical condition, pregnancy is treated in much the same way as short-term disability conditions, which require employers to hold a job open for a designated period of time. Health insurance benefits apply at the same rates and coverages for pregnancy-related conditions as for any other medical conditions.
Work Leave Provisions
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The rights as listed within the Pregnancy Discrimination and Family Work Leave Acts entitle employees to certain work leave provisions without an employer's approval. Employees receive up to 12 weeks of work leave time within any 12-month period for medically necessary reasons related to a pregnancy condition, according to the U.S. Department of Labor. Employees can also use this time on an intermittent basis or apply it towards a reduced work schedule. In terms of employee benefits, employees on work leave retain any existing benefits at the time of their leave and may, at the employer's discretion, accrue additional benefits while gone.
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