There comes a time in a woman’s life where she is gifted with a choice in creating life. When that time comes, it can be overwhelming and consuming with a laundry list of what her next steps should be. During this time, the last thing on her mind should be whether or not she will be able to still make money for her new family.
Discrimination in the workplace for women is real and gets even stickier when you’re pregnant. The truth is, women are often treated unfairly, looked down upon, and even let go once the news is out.
Expecting and working? Here are some key facts about your rights in the workplace when pregnant:
They can’t fire you, not hire you, or reduce your hours.
As long as a pregnant woman is able to perform the major functions of her job, not hiring or firing her because she is pregnant is against the law. It’s against the law to dock her pay or
demote her to a lesser position because of pregnancy. It’s also against the law to hold back benefits for pregnancy because a woman is not married. All are forms of pregnancy discrimination, and all are illegal.
They can’t treat you differently.
Women are protected under the Pregnancy Discrimination Act. It says that businesses with at least 15 employees must treat women who are pregnant in the same manner as any other job applicants or employees with similar abilities or limitations.
They must provide accommodations if upon doctors’ request.
An employer can not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work. However, if an employer requires its employees to submit a doctor’s statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
If an employee is temporarily unable to perform her job because of her pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments, or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled because of pregnancy to do the same.
Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her
employer may not require her to remain on leave until the baby’s birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth. That’s totally against the law.
In some cases, your job is protected even after birth.
The Family and Medical Leave Act (FMLA) also protects the jobs of workers who are employed by companies with 50 employees or more and who have worked for the company for at least 12 months.
These companies must allow employees to take 12 weeks of unpaid leave for medical reasons, including pregnancy and childbirth. Your job cannot be given away during this 12-week period.
Need more info? Learn more about your rights during pregnancy and healthcare options at the U.S. Equal Employment Opportunity Commission website.
Tia Muhammad, BS, is an award-winning freelance content & media creative, copywriter, blogger, digital designer, and marketing consultant. She owns the boutique content and digital media company, jackieGLDN|studio.
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