Women's Workplace Rights During Pregnancy
You just got the good news - you're expecting a child! It's time to celebrate and share the happy news with friends and family. Try not to let worries about missing work or losing your job put a damper on this joyous time. As a pregnant woman you have many workplace rights to ensure that your job is not negatively affected by maternity leave.
Thanks to the Pregnancy Discrimination Act, if you work for a company with 15 or more employees, it is illegal for your employer to discriminate against you because of pregnancy, childbirth, or pregnancy-related condition. Pregnancy is a temporary medical disability and must be treated as such.
Also know that you cannot be fired simply because you're pregnant. As long as you're able to perform your major job functions, your employer cannot fire you, deny you a job, or deny you a promotion because of your pregnancy. However, your employer is not legally required to give you special considerations or to make it easier to do your job while pregnant.
But as long as you're able to carry out the functions of your job, you can't be forced to take leave. And if you must be absent from work temporarily due to a pregnancy-related issue, you are allowed to return to work. Your employer can't require you to remain on leave through the baby's birth.
You are entitled to the same benefits received by other employees with medical conditions.You must be offered the same level of medical benefits, leave, and temporary disability insurance that are provided to employees with other medical conditions and disabilities.
Under the Family and Medical Leave Act, you are allowed to take part of your unpaid maternity leave before the birth of your child. Your job will be protected for a total of 12 weeks, which includes time before and after birth. However the FMLA does not apply to everyone. You must either be an employee of a company with 50 or more employees or you must work for a local, state, or federal government. You also need to have worked for your employer for one year and and have completed 1,250 hours of work during the previous year.
Your spouse should know his rights too.Employers cannot deny coverage for the pregnancy care of a male employee's spouse, assuming you are covered by comprehensive health insurance. If a company health plan includes spousal coverage, you are entitled to coverage through your spouse's plan.
However, if you are single, your marital status does not affect your rights. You cannot be denied the standard benefits if you are a single expecting mother. You do not need to be married to receive pregnancy-related employee benefits.
All of these laws are in place so that you don't have to worry about your job security being jeopardized due to pregnancy. You have enough on your mind as you prepare for the birth of your baby.But don't assume that your employer knows all of the laws. Be sure to know all your workplace rights and enjoy your pregnancy!
