Legal Rights for Pregnant Workers under Federal Law If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law. You may also have a legal right to work adjustments that will allow you to do your job without jeopardizing your health. You may also have additional rights under other laws, such as the Family and Medical Leave Act FMLAstate and local laws, and various medical insurance laws, not discussed here. If my employer knows that I am pregnant or may become pregnant, could I get fired?
Pregnancy Discrimination Pregnancy discrimination involves treating a woman an applicant or employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.
Additionally, impairments resulting from pregnancy for example, gestational diabetes or preeclampsia, a condition characterized by pregnancy-induced hypertension and protein in the urine may be disabilities under the Americans with Disabilities Act ADA.
An employer may have to provide a reasonable accommodation such as leave or modifications that enable an employee to perform her job for a disability related to pregnancy, absent undue hardship significant difficulty or expense.
The ADA Amendments Act of makes it much easier to show that a medical condition is a covered disability. For more information about the ADA, see http: Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision such as the victim being fired or demoted.
Further, under the Family and Medical Leave Act FMLA ofa new parent including foster and adoptive parents may be eligible for 12 weeks of leave unpaid or paid if the employee has earned or accrued it that may be used for care of the new child.
To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave and the employer must have a specified number of employees.
Nursing mothers may also have the right to express milk in the workplace under a provision of the Fair Labor Standards Act enforced by the U. For more information about the Family Medical Leave Act or break time for nursing mothers, go to http:When you’re pregnant and divorcing, the effect can be emotionally devastating.
If you decide you’re going to move forward with the divorce, you’ll face added stress at a time when your hormones already have your emotions a little rocky. You can get through, but it might require some proactive effort.
The Effects of Smoking Weed While Pregnant. Medically reviewed by Debra Rose Wilson, PhD, MSN, RN, Expectant moms or women wishing to become pregnant may wish to .
In addition, pregnant women are being civil- ly committed or jailed, and new mothers are losing custody of their children even when they would be capable parents.
But the Court held that states do have an interest in ensuring the safety and well-being of pregnant women, as well as the potential of human life. Acknowledging that the rights of pregnant women may conflict with the rights of the state to protect potential human life, the Court defined the rights of each party by dividing a pregnancy into.
Apr 20, · For pregnant women in the 15–44 age group, %, %, and %, respectively, used illicit drugs, tobacco, and alcohol, indicating that a large number of women continued their substance use during pregnancy. Legal Rights for Pregnant Workers under Federal Law.
If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law. You may also have a legal right to work adjustments that will allow you to do your job without jeopardizing your health.