Historically, pregnant women and new mothers could easily find themselves in vulnerable positions both physically and legally, so federal laws were established for expecting and nursing mothers in the workplace to protect them from discrimination or from being the victims of unfair practices. Let’s look at a few of those protections.
Can I be fired or demoted for becoming pregnant?
Employers cannot discriminate against an employee who is pregnant, who has been or may become pregnant, or has lost or terminated a pregnancy. They cannot be fired, passed over for a job or a promotion, forced to go on leave, or given lesser assignments [1]. An employee can only be fired, laid off, or subject to demotion or similar actions on legal grounds, which include failure to perform their job, the company going under, or the employee violating laws or company policy.
If, for example, you cannot perform your usual duties because of pregnancy or pregnancy-related conditions, your employer has to offer accommodations under the Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and the more recently passed Providing Urgent Maternal Protection Act (PUMP) for nursing employees and the Pregnant Workers Fairness Act (PWFA). These last two acts close some of the gaps left by the prior ones [2].
The purpose of the PWFA is to “eliminate discrimination and promote women's health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job is limited by pregnancy, childbirth, or a related medical condition… Reasonable accommodations are defined as temporary light duty or similar arrangements”. The PWFA also “prohibits employers from discriminating against a job candidate or employee because of their need for pregnancy-related accommodation” [3]. The mentioned “reasonable accommodations” were taken from the ADA, but specified for pregnant workers and on a temporary basis.
What are the laws around maternity leave?
The FMLA allows a new mother to take unpaid, job-protected leave for up to 12 weeks. Not all private sector employers are subject to FMLA; they must have 50 employees working at least 20 workweeks of the year to qualify. Public agencies (local, state, and federal) and elementary and secondary schools are always covered by FMLA [4].
Not all employees are eligible for FMLA, even if their employer is covered. The employee must have worked for the employer for at least a year (for at least 1,250 hours) and must work at a location where the employer has at least 50 employees within a 75-mile range [4].
Can I return to work before my leave is up?
Some employees might opt to split their leave into shorter intervals. Speak to your employer about whether they offer this option. Employees cannot work while on FMLA leave [4].
What can I expect when I return to work?
Your employer must restore you to your original role and pay, or assign you an equivalent role with equivalent pay. Your health coverage must also remain unchanged [4].
What do I do if my employer does not comply with these laws?
Your employer is required to post a notice about FMLA, include it in the employee handbook, provide separate information to an employee requesting leave under FMLA, and notify the employee of their approval details. If your employer does not comply, or if the FMLA is violated upon your return to work, you can report the violation via the Wage and Hour Division Website or their toll-free number (1-866-4-USWAGE) [4].
And what about nursing mothers? Am I protected by law when I need to pump?
Yes. You are protected for up to one year under the Fair Labor Standards Act (FLSA) and the newly passed PUMP Act [2]. Your employer must offer sufficient break time (as much as you need to pump) and a private place to pump; bathrooms do not count [5].
We encourage you to do your own research, find out if your state has any additional laws, and talk to your human resources department to obtain a full picture of what you can expect in your workplace while pregnant and nursing.
