Pregnant at Work? Here are 5 Laws You Need to Know
The first step in advocating for yourself is knowing about the laws that can protect you.
If you’re pregnant and working (or recently were), you might be wondering: What are my actual rights? What can I take time off for? Do I get paid? Can my employer fire me for taking time off?
While the parental leave landscape in the US is bleak compared to the rest of the world, we still have several laws written expressly to support those who are pregnant or recently pregnant. You just have to know what they are and what they offer so you can advocate for yourself and get what you deserve.
#1 You Can’t Be Fired Just for Being Pregnant
But you could prior to 1978. And that’s because back in 1978 the first anti-discrimination law was passed for pregnant people. The Pregnancy Discrimination Act provides protection so your boss can’t legally demote you, fire you, or skip over you for promotions just because you’re pregnant (or have expressed that you’re thinking about becoming pregnant). Less than 50 years ago, before PDA was passed, your boss could legally fire you for being pregnant.
✔️ Applies to companies with 15 or more employees.
#2 You Might Get Time Off—Even If It’s Unpaid
15 years after PDA was passed, President Bill Clinton passed the Family and Medical Leave Act (FMLA), offering 12 weeks of unpaid, job-protected leave every year for things like prenatal appointments, recovery after birth, and bonding with your baby. But not everyone qualifies for this and it is not paid.
Many states also provide additional job-protected leave. Download our free Ultimate Parental Leave Benefits Guide to find out which states offer additional job protection and pay.
✔️ This is only for employees who’ve been at their job for at least 1 year, worked 1,250 hours in the past year, and whose employer has 50+ employees.
#3 You’re Allowed to Ask for an Accommodation at Work (Legally)
The recently passed Pregnant Workers Fairness Act was a historic breakthrough in rights for pregnant people. The law says your employer has to provide reasonable accommodations like extra breaks, light duty, or a chair if you’re on your feet all day if you request an accommodation due to your pregnancy or recent pregnancy. Using PWFA to request unpaid, job-protected time off if you don’t qualify for legal job protection is a common accommodation request.
✔️ Applies to companies with 15+ employees.
#4 Pumping at Work? You’ve Got Rights
The PUMP Act requires employers to give you time and space (not the bathroom!) to pump at work for up to one year after birth. You can take as many breaks as you need, but if you aren’t working during the break your employer does not have to pay you.
✔️ This now covers almost all workers.
#5 Health Insurance Has to Cover Pregnancy
Thanks to the Affordable Care Act, all major health insurance plans must cover pregnancy, maternity, and newborn care. This means your insurance should cover all of your essential prenatal doctor’s visits. And they can’t call pregnancy a “preexisting condition” anymore unlike most short-term disability insurance carriers who do
Other laws to note:
Some States Actually Pay You to Take Leave
Not all leave is unpaid! If you’re lucky enough to live in places like California, New York, Washington DC, or Massachusetts, you may qualify for Paid Family Leave. These programs cover bonding time and sometimes pregnancy-related disability too. Check our blog to see which states offer paid parental leave.
Pregnancy Disability Is a Thing (Especially in CA)
Some states, like California, also provide additional job protection to those who are disabled by pregnancy or delivery. You can take time off for things like bed rest, pregnancy complications, and postpartum recovery.
✔️ This can be up to 4 months, depending on what your doctor says.
Many parents miss out on benefits just because they don’t know what they qualify for. It can also be extra confusing especially when you’re piecing it together with employer-sponsored leave or short term disability programs. So if you’re expecting, newly postpartum, or wondering if you left money on the table, book a parental leave consulting call bundle with us and let us help you create a parental leave plan that maximizes your leave.
Hello, Bundle helps new and expecting parents navigate parental leave so they can take the maximum amount of paid parental leave possible when they welcome a child into their family. We provide daily parental leave tips and tricks on TikTok and Instagram, and offer personalized support across the U.S. through consulting calls, custom parental leave calendars, and PDF parental leave guides. Get support in your state here.
