Pregnant and Employed: Your Rights
There have been plenty of times when a woman tells her employer that she is pregnant and as a result, she gets fired, passed up for a promotion, or unable to work due to lack of accommodations. We want you to know that as a pregnant employee, you have rights that protect you. Here is a breakdown of being in the workforce while pregnant.
Understanding Your Rights at Work
If you are pregnant, federal law and many state laws protect you from unfair treatment on the job. Under the Pregnancy Discrimination Act, employers cannot fire you, refuse to hire you, or demote you because you are pregnant. You also have the right to reasonable accommodations if you need extra breaks, a stool to sit on, or lighter duties while carrying your baby.
The Americans with Disabilities Act may apply if your pregnancy causes a medical condition that limits daily tasks. Your employer must make reasonable accommodations just as they would for any other temporary condition.
Maternity Leave Option
If you work for a company with 50 or more employees, you might also qualify for leave under the Family and Medical Leave Act (FMLA) for up to 12 weeks of unpaid protected time off.
To request accommodations or leave, talk with your supervisor or human resources department. Put your request in writing and keep a copy for your records. If you face pushback, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or your state civil rights office.
Healthcare Protections for You and Your Baby
Pregnant women have rights under the Health Insurance Portability and Accountability Act (HIPAA) to keep medical information private. You can choose who has access to your records and when doctors can share updates. Additionally, your employer cannot fire you for going to a prenatal appointment.
It is important to review your plan to know which services are covered and how much you will have to pay out of pocket. If you are covered by Medicaid or a state plan for pregnant women, you may be eligible for prenatal visits, ultrasounds, lab tests, and delivery care at low or no cost. Private insurance plans must cover preventive care like prenatal vitamins and screenings without charging you extra under the Affordable Care Act. When you visit an obstetrician or midwife, ask about standard prenatal services and any added tests. Make sure you understand your bill and file any necessary claims. If you have trouble navigating your insurance, PRC GR can help you locate local resources and explain benefits in simple terms.
Rights in Public and Private Spaces
You have the right to receive respectful service in public places such as restaurants, stores, movie theaters, and transportation. Denying you access or harassing you because you are pregnant is illegal under many state laws. If you experience hostility while out, remain calm and note the date, time, location, and any witnesses.
Breastfeeding in public is protected in most states. You can feed or express milk in any public or private location where you are otherwise allowed to be. Employers must also provide a private, non-bathroom space for pumping milk and allow reasonable break times under federal law.