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Pregnancy in the Workplace

Pregnancy in the Workplace

Pregnant woman at a desk

As an employee, you must know the rights during pregnancy in the workplace. However, when you are able to answer these questions, you will know what to during your pregnancy. Here is an overview of laws protecting pregnancy in the workplace:

In the US under both federal and State law, it is always illegal for any employer to discriminate against job applicants or employees based on childbirth, pregnancy, or any other related medical conditions. During the process of employment, hiring or compensation, employers should never discriminate any employee. Under State law, employers should never force any pregnant employee to take a leave of pregnancy disability or absence, which she hasn’t requested.

In any case this happens, employers should provide workplace accommodations as well as job-protected leave due to childbirth, pregnancy, or any other related medical conditions. This will always give them the freedom to make a choice on the day and time when the employees wants to take a leave.

How does these laws apply? 

In case of pregnancy discrimination laws, it always apply only to those workplaces with a given number of employees. According Federal Pregnancy Discrimination Act, it applies to only workplaces with over 15 employees, and employment agencies, training or apprenticeship programs, and numerous labor organizations. For instance, California Fair Employment & Housing Act applies to only workplaces with over 5 employees, as well as all labor organizations, employment agencies, state and local governments. All employees in a given workplace often have same rights whenever they operating in a given city.

Do pregnant mother entitled to leave?

During pregnancy in the workplace, an employee is entitled to job-protection, unpaid leave that goes as high as four months when one is disabled (or unable to perform his or her essential job functions) by childbirth, pregnancy, or related conditions.

What is a mother is unable to continue with a job after pregnancy?

According to the state and federal law, any employer must be able to treat a pregnant employee who may be temporarily unable to do their job descriptions due to pregnancy or have temporary disability. During the process, both employee and employer can negotiate new terms of employment in case of these events.

Is a pregnant employee entitled to leave?

All pregnant employees are covered by the employer during pregnancy period and must take a mandatory leave especially in the 3rd trimester of the pregnancy. In addition, all employees are permitted to work during pregnancy provided she is capable to do her job.

In conclusion, the above is an overview of laws protecting pregnancy in the workplace.


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