Pregnant? Here’s What You Need to Know about Pregnancy Discrimination in the Workplace

Here’s what to know about pregnancy discrimination.

If you’re pregnant, congratulations! This is an exciting time in your life. But along with the joy of expecting a new baby comes a lot of uncertainty – especially when it comes to your rights at work.

There are federal and state laws in place to protect workers from pregnancy discrimination and to ensure that they have the same rights as other employees. But with all the changes happening in your body and life, it can be hard to keep track of everything.

Here are three things you need to know about your rights as a pregnant worker:

1. You Have the Right to Request Reasonable Accommodations

Under the Pregnancy Discrimination Act (PDA), your employer must treat you the same as other employees with similar abilities or limitations. This means that if your employer provides accommodations to employees with disabilities, they must also provide reasonable accommodations to pregnant workers who need them.

Some common accommodations that may be available to you include:

• More frequent or longer breaks
• Modified work schedules
• Additional rest periods
• Modified duties or assignments
• Temporary transfer to a less strenuous or hazardous position

If you need accommodation to help you stay healthy and comfortable during your pregnancy, talk to your employer about what might be possible.

2. You Have the Right to Take Leave for Pregnancy-Related Reasons

If you need to take time off from work for a pregnancy-related reason, you may be eligible for leave under the Family and Medical Leave Act (FMLA). This law provides up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons – including for the birth or adoption of a child.

To be eligible for FMLA leave, you must have worked for your employer for at least 12 months and have at least 1250 hours of service during that time. You also must work at a location where your employer employs at least 50 employees within 75 miles.

If you’re eligible for FMLA leave and you take it, your employer must hold your job open for you and must restore you to your same or equivalent position when you return from leave.

3. You Have the Right to Breastfeed at Work

Under the federal Fair Labor Standards Act (FLSA) your employer must allow you reasonable break time to express milk. The location must be:

• Shielded from view
• Free from intrusion from coworkers and the public
• Not a bathroom

New York also has additional laws protecting the rights of pregnant employees in the workplace.

Pregnancy is an exciting time, but it can also be stressful. The last thing you need is concern about your job security or how you’ll be treated in the workplace.

If you believe you’re facing pregnancy-related workplace discrimination or you have questions about your rights, we can help. For more information or to schedule a consultation to discuss your situation, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.