It might be difficult to stay healthy at work when pregnant: you may be struggling with morning sickness, back discomfort, or doctor’s appointments every few weeks. If you’ve had a miscarriage, you may need to take some time off to heal. Laws in the United States, California, and your locality can help you stay healthy at work, provide you with paid time off when you need it, and protect you against pregnancy discrimination.
At The Law Offices of Larry H. Parker we encourage you to keep reading to learn the basics and then contact us at 800-333-0000 if you require a free legal consultation with an employment law attorney.
Discrimination against pregnant women
The Pregnancy Discrimination Act prohibits employers with 15 or more employees in the United States from treating employees unjustly because they are pregnant, attempting to get pregnant, or have lost a pregnancy.
When your manager learns that you’re pregnant or attempting to get pregnant, they can’t dismiss you or reduce your hours and you have the right to continue working as long as you’re capable of doing so. You also have the right to work without being harassed because you are pregnant. In a job interview, you cannot be asked about your pregnancy or intentions to have children.
You are legally eligible for accommodations at work
You have a right to Pregnancy Accommodations if your firm has 5 or more workers. Your employer is required to accommodate any work-related demands you may have as a result of your pregnancy or childbirth, such as time off for prenatal checkups or more breaks to drink water or use the restroom. You must request the accommodation with your doctor’s approval. Because of your pregnancy, you might be able to seek a transfer to a less physically demanding or dangerous work.
If your company has five or more employees, your boss is required to provide you time off (typically up to four months) if your doctor advises you to leave work due to pregnancy, delivery, or a related medical condition. This is sometimes referred to as Pregnancy Disability Leave. Your company must allow you to maintain your health insurance while on leave and then return to work.
If you have a pregnancy-related impairment, your supervisor cannot refuse to make minor adjustments to your work schedule that will help you stay healthy, such as medication breaks, temporary reprieve from heavy lifting, or a stool to sit on during your shift.
These alterations are known as “reasonable accommodations,” and they are permitted as long as you can still perform your job’s fundamental functions with them. Your supervisor is not obligated to provide you with a difficult or costly accommodation, such as a whole new workplace.
Although pregnancy is not considered a “disability” in and of itself, some pregnancy-related problems may be, so consult a lawyer to determine whether you have a claim to work accommodations. Discrimination based on disability is also prohibited in California companies with five or more employees. This statute covers a wide range of pregnancy-related medical issues.
If the Family and Medical Leave Act applies to you, you have the right to take time off during your pregnancy or after a miscarriage without losing your job. For further information, contact The Law Offices of Larry H. Parker at 800-333-0000 for a consultation regarding pregnancy discrimination.