Pregnancy and Employment Questions and Answers

Pregnancy and Employment Questions and AnswersPregnancy and Employment Questions and AnswersIf you have a baby on the way, youll need to know about interviewing while pregnant, when to tell your employer youre having a baby, pregnancy and disability law, and the best ways to handle pregnancy and employment. Make sure you know what your rights are as a pregnant worker, and review the federal and state laws, as well as your companys policy regarding pregnancy and family leave. Pregnancy Discrimination Guidelines from the EEOC The Equal Employment Opportunity Commission (EEOC) has recently updated and amended the enforcement guidelines for pregnancy discrimination. The Pregnancy Discrimination Act (PDA) of 1978 provides that women affected by pregnancy, childbirth, or related medical conditions must be treated the same way as other individuals with temporary disabilities. Therefore, a pregnant woman canleid be treated differently from any other employee with any other disability. Pregnancy Discrimination Act (PDA) Requirements According to the EEOC Fact Sheet for Small Businesses 1. An employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions and 2. Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work. In addition, Title VII, as amended by the PDA, prohibits discrimination based on the following Current PregnancyPast PregnancyPotential or Intended PregnancyMedical Conditions Related to Pregnancy or Childbirth The PDA covers all aspects of employment, including firing, hiring, promotions, and fringe benefits (such as leave and health insurance benefits). Pregnant workers are protected from discrimination based on current pregnancy, past pregnancy, and kompetenz pregnancy as defined below Current pregnancy. Under the PDA, an employer cannot fire, refuse to hire, demote, or t ake any other adverse action against a woman if pregnancy, childbirth, or a related medical condition was a motivating factor in the adverse employment action. This is true even if the employer believes it is acting in the employees best interest.Past Pregnancy. An employer may not discriminate against an employee or applicant based on a past pregnancy or pregnancy-related medical condition or childbirth. For example, an employer may not fire a woman because of pregnancy during or at the end of her maternity leave. Potential Pregnancy. An employer may not discriminate based on an employees intention or potential to become pregnant. For example, an employer may not exclude a woman from a job involving processing certain chemicals out of concern that exposure would be harmful to a fetus if the employee became pregnant.Concerns about risks to a pregnant employee or her fetus will rarely, if ever, justify sex-specific job restrictions for a woman of childbearing capacity.Medical Conditi on Related to Pregnancy or Childbirth. An employer may not discriminate against an employee because of a medical condition related to pregnancy and must treat the employee the same as others who are similar in their ability or inability to work but are not affected by pregnancy, childbirth, or related medical conditions. Pregnancy and Employment FAQs Q. Do I have to tell the interviewer that Im pregnant? A. No, you dont have to tell them. The fact that you are pregnant isnt relevant to whether or not you are the right person for the job. You might want to interview as usual and get the interviewer interested in your qualifications prior to mentioning your pregnancy. Then consider discussing your pregnancy during the negotiation phase of the interview process. Why bring it up if you dont have to? Because the employer will know in the near future anyway and you dont want them to feel like they were misled. Either way, its a personal decision and you need to decide, based on the circumstances, when would be the best time to disclose your condition. Q. When should I tell my employer that Im pregnant? A. The best time to tell your employer is when you need to, and when the time is right for you. It could be when youre starting to show, or when you need time off for the doctor. You may choose to wait until your employer needs to make accommodations for your pregnancy, or you need to take disability leave. Personally, Im in favor of being open with your employer. I told my boss as soon as my pregnancy was confirmed and I had only been working at the company for a couple of months. For me, it was easier to plan doctor visits and a maternity leave without stressing over it because I didnt want to mention the pregnancy. On the other hand, I know people who have waited for months and that worked out fine too. From the other side of the desk, I supervised a person who didnt tell us she was pregnant. She took lots of time off from work, was very ill with mornin g sickness and because we had no clue what was happening, we were afraid she was deathly ill.We would have been much happier knowing she was pregnant Q. What maternity benefits am I entitled to? A. The Family and Medical Leave Act provides up to twelve weeks leave during a calendar year or your companys fiscal year. However, your employer is not mandated to pay your salary. They are mandated to give you the same job or a job with equal pay and benefits when you come back to work. You may be entitled to disability pay, but, it will probably be less than your normal paycheck. Check with your employer to determine what additional benefits, if any, you may be entitled to. Also check on health insurance coverage for yourself and your baby. Q. When do I have to go back to work? A. That depends. Check with your employer to find out what maternity leave benefits they provide. You are entitled to at least the twelve weeks provided by the Family and Medical Leave Act. Your employer ma y have mora generous benefits, and may be open to making accommodations for your return. Inquire about the possibility of coming back part-time at first, or even job sharing if you dont feel able to commit to working full-time. Q. Can I collect unemployment if Im pregnant? A. Yes, you can collect unemployment when youre pregnant. Your pregnancy should not impact your eligibility for unemployment compensation. In fact, it is a violation of federal and state law to deny a claimant eligibility for unemployment on account of pregnancy. Heres information on eligibility for unemployment when you are pregnant. Q. Ive been discriminated against. What do I do? A. You can file a claim with the U.S. Equal Employment Opportunity Commission(EEOC). Contact the nearest EEOC office to inquire about filing charges in person, by mail or by telephone. If there is not an EEOC office in the immediate area, call toll free 800-669-4000. Update July 16, 2014On July 14, 2014 the Equal Employment Opp ortunity Commission (EEOC) updated and amended the enforcement guidelines for pregnancy discrimination. Pregnancy Discrimination Guidelines from the EEOC The Pregnancy Discrimination Act (PDA) of 1978 provides that women affected by pregnancy, childbirth, or related medical conditions must be treated the same way as other individuals with temporary disabilities. Therefore, a pregnant woman cannot be treated differently from any other employer with any other disability. Pregnancy Discrimination Act (PDA) Requirements 1. An employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions and 2. Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work. Amended Pregnancy Discrimination Act (PDA) Requirements Title VII, as amended by the PDA, prohibits discrimination based on the following Current PregnancyPast Pre gnancyPotential or Intended PregnancyMedical Conditions Related to Pregnancy or Childbirth Pregnancy Discrimination Requirements (from the EEOC Fact Sheet for Small Businesses) The PDA requires that a covered employer treat women affected by pregnancy, childbirth, or related medical conditions in the same manner as other applicants or employees who are similar in their ability or inability to work. The PDA covers all aspects of employment, including firing, hiring, promotions, and fringe benefits (such as leave and health insurance benefits). Pregnant workers are protected from discrimination based on current pregnancy, past pregnancy, and potential pregnancy. Current pregnancy. Under the PDA, an employer cannot fire, refuse to hire, demote, or take any other adverse action against a woman if pregnancy, childbirth, or a related medical condition was a motivating factor in the adverse employment action. This is true even if the employer believes it is acting in the employees best int erest.Past Pregnancy. An employer may not discriminate against an employee or applicant based on a past pregnancy or pregnancy-related medical condition or childbirth. For example, an employer may not fire a woman because of pregnancy during or at the end of her maternity leave. Potential Pregnancy. An employer may not discriminate based on an employees intention or potential to become pregnant. For example, an employer may not exclude a woman from a job involvingprocessing certain chemicalsout of concernthat exposure would be harmful to a fetus if the employee became pregnant.Concerns about risks to a pregnant employee or her fetus will rarely, if ever, justify sex-specific job restrictions for a woman of childbearing capacity.Medical Condition Related to Pregnancy or Childbirth. An employer may not discriminate against an employee because of a medical condition related to pregnancy and must treat the employee the same as others who are similar in their ability or inability to work but are not affected by pregnancy, childbirth, or related medical conditions. Read More EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues DISCLAIMER The private websites, and the information linked to both on and from this site, are opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance, or assistance from State, Federal, or International governmental resources to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only.