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Maternity and Pregnancy

National Summary

The Pregnancy Discrimination Act (PDA) protects the pregnant employee from discriminatory actions that are based on her pregnant status. It applies to employers with 15 or more employees. In addition, the Family and Medical Leave Act (FMLA) protects the leave rights of pregnant employees and applies if there are 50 or more employees in the workplace. Some pregnant employees may be eligible for protection under the Americans with Disabilities Act (ADA). Healthcare insurance and other provisions apply to the pregnant employee as they do to any other employee with a temporary disability. Some employers have also begun to extend leave rights to domestic partners who adopt children.

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		Type	Title	State
152003	index.aspx	Questions & Answers	I have a female employee who will be taking FMLA/Pregancy in a few weeks. She has stated that she doesn't want to use her vacation/sick time that she has on the books. Are employees legally required to use this time as part of the leave time?	National
151998	index.aspx	Questions & Answers	An employee breast feeds 3 times a day . The employee is not working longer hours or using her lunch time to make up any of the time lost. Can her manager insist that the time be made up either at the begining or the end of the day?	National
151999	index.aspx	Questions & Answers	An employee has been sick at least 3-4 days per week in addition to being on vacation for 2 weeks. Has she exhausted her leave or is she entitled to more time since she is pregnant again?	National
151995	index.aspx	Questions & Answers	Can an employee receive disability because she is pregnant and on maternity leave?	National
152000	index.aspx	Questions & Answers	Can I lay my employee off due to her not being able to perform the essential functions of her job? Anything else I should be cautious about?	National
152008	index.aspx	Questions & Answers	Can you offer a benefit (payment of commissions) to people on maternity leave that we don't offer during FMLA leave?	National
152005	index.aspx	Questions & Answers	Does FMLA provide job protection for the serious health condition of a child, regardless of the age or marital status of the child?	National
152006	index.aspx	Questions & Answers	I need information on California building requirements as they relate to human resources. For example, does it matter where the HR deptartment is located? Do we need to have a lactation room for mothers?	National
151996	index.aspx	Questions & Answers	I wonder about pregnant in California.	National
152012	index.aspx	Questions & Answers	If a female employee is off on maternity leave using temporary disability benefits from her pension plan must that time count towards FMLA also?	National
152010	index.aspx	Questions & Answers	If an employee is pregnant and is continually leaving early due to issues relating to the pregnancy and has not provided medical documentation indicating she should be on a reduced schedule is this time considered FMLA?	National
152009	index.aspx	Questions & Answers	In California is the employer required to notify a pregnant employee that absences are counting towards her entitled 4 month Pregnancy Disability Leave? What are the record keeping and notification requirements?	National
152001	index.aspx	Questions & Answers	Is it mandatory for an applicant to inform a potential employer that she is pregnant prior to being hired?	National
156469	index.aspx	Analysis	Maternity and Pregnancy	National
166929	index.aspx	Guidance	Medical Maternity: Discrimination, Leave, Benefits, by State	National
166970	index.aspx	Guidance	Medical Maternity: Discrimination, Leave, Benefits, by State (PDF)	National
152004	index.aspx	Questions & Answers	We have an employee in Colorado who is 12 weeks pregnant. She now refuses to go to certain offices (X-ray machines will endnager her unborn child) and "needs" to take a food break every 1.5 hours etc, this is beginning to be a drain on our schedule.	National
152011	index.aspx	Questions & Answers	We have an employee who is pregant and can not perform all of her duties. (lifting) We do not have any other position available for her. What can we legally tell her?	National
152007	index.aspx	Questions & Answers	We have an individual who is pregnant and is having difficulty performing basic functions of her job,example, lifting. Job also involves her working with individuals that we serve that may display aggressive behaviors due to there disability.	National
152002	index.aspx	Questions & Answers	We need to know the risks involved with laying off an employee who is currently on maternity leave.	National
151997	index.aspx	Questions & Answers	What accomadations are we required to give regarding breast feeding? If she is an exempt employe and we have agreed to allow her to come back the first week PT how should we pay her without violating FLSA?	National