10 THINGS PREGNANT WOMEN SHOULD KNOW ABOUT WORKPLACE RIGHTS

If you are expecting, this is a good time to learn about your rights as an employee. These 10 issues are the most common problems expectant employees experience at work:

1. Your employer cannot take any adverse action against your employment on the basis of your current, past, or potential pregnancy, childbirth, or pregnancy-related medical conditions, which includes lactation.
2. If you are able to continue to perform the essential functions of your job during your pregnancy, you must be allowed to do so.  Your employer cannot force you to take leave simply because you are pregnant.
3. If you are not able to continue to perform the essential functions of your job because of your pregnancy or any pregnancy-related medical condition, you are entitled to the same rights, leave privileges, and other benefits as all other employees who are unable to or are limited in their ability to work as a result of non-pregnancy related conditions.
4. If your employer offers health insurance, the Pregnancy Discrimination Act requires that the insurance offered include coverage for pregnancy, childbirth, and pregnancy-related medical conditions.
5. Certain pregnancy-related medical conditions, complications, or impairments may be considered “disabilities” for which you may be entitled to a reasonable accommodation pursuant to the Americans with Disabilities Act.  Reasonable accommodations for pregnant employees may include time off for doctor’s appointments, more frequent breaks, use of a stool, or a temporary light duty assignment.
6. The Family Medical Leave Act (“FMLA”) entitles eligible employees to up to twelve weeks of unpaid leave during a twelve-month period for the birth and care of your newborn child.
7. An employer cannot take any adverse action against your employment on the basis of you taking FMLA leave for the birth and care of your child.
8. After your FMLA leave for the birth and care of your newborn child, your employer must return you to your original job or a job with equivalent pay, benefits, and terms and conditions of employment.
9. The Affordable Care Act requires that covered employers provide reasonable break time for you to express breast milk for your nursing child for up to one year after your child’s birth, as well as a place to express breast milk, other than a bathroom, that is shielded from view and free from intrusion.
10. If you complain to your employer about experiencing pregnancy discrimination or the denial of your rights to pregnancy-related FMLA leave or ADA reasonable accommodations, your employer cannot retaliate against you as a result of such complaints.

If you have any questions about whether your workplace rights are being violated, please don’t delay – seek the help of an employment or discrimination lawyer trusts immediately.