The Law
The Pregnancy Discrimination Act (PDA): A federal law that makes it unlawful for employers to discriminate against employees (including applicants) on the basis of pregnancy.The Family Medical Leave Act (FMLA): Federal leave law that provides a qualified employee with 12 weeks of protected unpaid leave for the birth of a child and/or a serious health condition, which could include complications resulting from or during pregnancy.
Americans with Disabilities Act (ADA): If an employee is temporarily disabled due to a complication with her pregnancy (pregnancy itself isn’t considered a disability), then the employee would be entitled to a reasonable accommodation. The reasonable accommodation may be a leave of absence, even in situations where the employee wouldn’t otherwise qualify for medical leave.
Affordable Care Act: Requires certain employers to provide reasonable breaks and private spaces for nursing mothers.
State Laws: Several states have laws relating to the treatment of pregnant employees. For example, New Jersey recently amended state law to require that employers provide a reasonable accommodation for employees “pregnancy-related” needs. California also has additional protections for pregnant employees, including additional time off of work. Check your individual state law.
Conclusion
Know the law and train your managers so that they understand how to handle pregnant employees. If you have questions, or need more information on your state’s law go to our website and choose “HR Tasks” and “Leaves and Accommodations”.
