Workplace Protections for Pregnancy and Related Conditions

Employees who are pregnant, pursuing fertility treatment or welcoming a child may be entitled to important workplace protections under federal law. Employers should understand their obligations regarding leave, accommodations and discrimination prevention.

Protection Again Discrimination 

Federal law prohibits discrimination, harassment and retaliation based on pregnancy, childbirth and related medical conditions. Employers must ensure employment decisions regarding hiring, promotions, pay and other workplace opportunities are not influenced by an employee's pregnancy status.

Eligible employees may also qualify for up to 12 weeks of unpaid, job-protected leave under the Family and Medical Leave Act (FMLA) for the birth, adoption or foster placement of a child. FMLA leave may also be used for prenatal appointments and certain pregnancy-related medical conditions.

Reasonable Accommodations for Pregnancy-Related Conditions

The Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees to provide reasonable accommodations for limitations related to pregnancy, childbirth and related medical conditions unless doing so would create an undue hardship.

Common accommodations may include:

• Additional breaks
• Flexible scheduling
• Remote work arrangements
• Light-duty assignments
• Permission to sit or keep water at a workstation
• Time off for medical appointments or treatment

The PWFA may also apply to conditions such as gestational diabetes, postpartum depression, lactation needs, fertility treatments and recovery from pregnancy loss.

In some situations, pregnancy-related complications may also qualify for protection under the Americans with Disabilities Act (ADA), requiring employers to engage in an interactive process to determine appropriate accommodations.

Consistency Matters

Employers should apply leave policies, accommodation requests and workplace benefits consistently to all employees. Inconsistent treatment can increase the risk of discrimination claims.

Employees who request accommodations or take protected leave are also protected from retaliation. Medical information related to pregnancy or related conditions must be kept confidential and maintained separately from personnel records.

Health Insurance Considerations

Under the Affordable Care Act, many health plans must cover certain preventive pregnancy-related services, including prenatal care. Birth and adoption are also considered qualifying life events, allowing employees to make certain health insurance enrollment changes outside the normal open enrollment period.

Reviewing Workplace Policies

Employers should regularly review their policies and procedures to ensure compliance with federal employment laws related to pregnancy, childbirth, parental leave and workplace accommodations. Proper documentation and a consistent process for handling accommodation requests can help reduce legal risk.

If you have questions about pregnancy-related workplace obligations, leave requirements or accommodation requests, contact the employment law attorneys at Martin Pringle for experienced guidance and legal counsel.