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Know Your Rights! Rights, Benefits, Disparities At Work During Pregnancy & Postpartum

Dawn Mikayla

“Every time a woman leaves the workforce because she can’t find or afford childcare, or she can’t work out a flexible arrangement with her boss, or she has no paid maternity leave, her family’s income falls down a notch. Simultaneously, national productivity numbers decline.”        – Madeleine M. Kunin

  • Over 1 in 5 pregnant workers are employed in low-wage jobs.
  • Nearly 1 in 3 employed pregnant Black and Latinas work in low-wage jobs.
  • Employment was identified as a key barrier to high-risk OB during a recently conducted qualitative study.
  • The U.S. is the only developed country without a national paid maternity or paternity leave program.
The Federal law prohibits pregnancy-related discrimination including:
  • Hiring
  • Right to accommodations if they are provided to others
  • Coercing a pregnant woman to take leave if she is capable of doing her job
  • Retaliation for speaking up about discrimination

This only applies to companies with 15 or more employees and women must file a claim with the Equal Employment Opportunity Commission within 180 days (roughly 6 months).

The Americans with Disabilities Act requires employers to provide reasonable accommodations for pregnancy-related impairments (physical and mental):
  • As long as these accommodations do not cause undue hardship (too difficult or expensive) to the employer
  • The employee is qualified for the position and must be able to perform essential (basic) job functions with or without reasonable accommodation(s).
  • Medical certification note to the employer outlining work restrictions and potential accommodations is needed from a physician.
The employee must ask for the accommodation.  
  • Examples of Conditions that qualify:
    • Cervical insufficiency
    • Sciatica
    • Preeclampsia
    • Gestational diabetes
    • Postpartum Depression
    •  
  • Examples of Accommodations:
    • Additional rest breaks
    • A stool or chair for sitting
    • Avoiding dangerous activities like climbing a ladder
    • Flexible hours for appointments
    • Teleworking

Employers must accommodate pregnant workers with disabilities if they accommodate non-pregnant workers who are similarly limited in their ability to work.

The Family Medical Leave Act (FMLA)
  • Provides 12 weeks in a 12-month period of unpaid, job-protected leave and continued health benefits.
  • Can take intermittently.
  • Can be used for:
    • Prenatal appointments
    • Serious medical conditions
    • Birth, care of newborn
    • Adoption
    • Foster care
    • Care for an ill family member

For more information on protections by State for Pregnancy Accommodations:

babygate.abetterbalance.org and/or nwlc.org/resources/pregnancy-accommodations-states

For more information about health prevention tips, please visit communityhealthcoalition.com, call (919)470-8680 and/or email contact@communityhealthcoalition.com

Health Tip is a message from Community Health Coalition, Inc. with support from Eurofins Foundation.

Feature photo credit