The United States is the only developed nation without mandated, paid maternity leave, so it’s important to understand your rights in the workplace. Here’s a rundown of various laws designed to protect you.
Pregnancy Discrimination Act (PDA)
This federal law gives pregnant and postpartum women employed by companies with 15 or more people the same rights as any other person with a medical condition:
- You can’t be fired due to pregnancy.
- You’re entitled to the same health, disability and sick benefits as other employees with a medical condition.
- If needed, you must be given modified tasks and a flexible schedule.
- You’re allowed to work as long as you can perform your job.
- During your maternity leave, you’re guaranteed job security.
- While on leave, your work seniority keeps adding up, and you remain eligible for pay increases and benefits.
Family and Medical Leave Act (FMLA)
The FMLA extends the following job protections to workers who have been employed for at least one year by companies with 50 or more employees:
- 12 weeks of unpaid maternity leave before and after the birth of a baby, which can be used for prenatal care, pregnancy-related issues, recovery and infant bonding.
- Employer-sponsored health insurance benefits continue as if you were still working.
- Guarantee that you can return to your previous or similar job with the same pay, benefits and working conditions.
Note: Individual company policies may provide other leave options as they see fit. Check with your HR department.
Americans with Disabilities Act (ADA)
Under the ADA, employers with 15 or more workers must make adjustments for employees suffering from pregnancy and postpartum-related conditions, including:
- Extending parental leave longer than 12 weeks, as long as the time away doesn’t create an “undue hardship” for the company.
- Reasonable work changes for those suffering from postpartum mental health disabilities, which can include a modified work schedule, less demanding position or remote work.
Breastfeeding-at-Work Laws
Under the Fair Labor Standards Act (FLSA), employers must provide the following accommodations to breastfeeding mothers:
- Reasonable break time to express breast milk for up to one year after childbirth. (Keep in mind that pumping breaks don’t have to be paid.)
- A private space for pumping, other than a bathroom, that is shielded from view.
If you don’t qualify for federal workplace protections, check into your state’s laws for pregnant and postpartum employees. Here’s a good place to start: State Pregnant Workers Fairness Laws.