Employee Issue:

Pregnancy Discrimination

The Pregnancy Discrimination Act prohibits employers from discriminating against women based on pregnancy, childbirth or related conditions. Pregnant women must be treated the same way as other potential or current employees with similar skills or limitations.

If you have been discriminated against at work because of your pregnancy, fill out our free case review form. A pregnancy discrimination attorney will determine whether you are eligible for a lawsuit.

Hiring

Companies cannot turn down an applicant who is pregnant or has a pregnancy-related condition provided she can carry out the position’s major tasks. A company cannot refuse to hire a woman due to the prejudices of the employer, clients or co-workers.

Pregnancy Leave

An employer cannot establish special procedures for determining a pregnant woman’s ability to work. They can, however, utilize any method used to determine other workers’ abilities to perform their jobs. For instance, if employees must provide a doctor’s note before receiving sick leave, the company can require workers with pregnancy-related conditions to do the same. If a female employee cannot work because of her pregnancy, the company must treat her as they would a temporarily disabled worker. For instance, the employer can provide unpaid leave, different job assignments or adapted job tasks.

According to federal law, pregnant employees can work until they are unable to carry out their major job tasks. If a pregnancy-related condition keeps an employee from work for any amount of time, the employer cannot force her to remain on leave until the child is born. In addition, the employer cannot require that an employee remain on medical leave for a certain amount of time following the childbirth.

Employers are required to hold a pregnant woman’s job for the same amount of time as they would a worker on disability or sick leave.

Medical Insurance

Employer-provided medical insurance plans must cover costs of pregnancy on the same basis as expenses for other health conditions. Employers are not required to provide healthcare which covers abortion costs, unless the mother’s life is in danger.

Federal law also requires the following:

  • Employers must use the same reimbursement plans for pregnancy expenses and costs related to other medical conditions.
  • Larger deductibles cannot be imposed for pregnant women.
  • Employers must offer the same health insurance for wives of male employees as they do for husbands of female workers.

Additional Benefits

Employers cannot restrict pregnancy-related benefits to married workers only. In an establishment only employing females, benefits must be offered for pregnancy-related conditions if benefits are given for other medical conditions. Likewise, if an employer gives benefits to workers on sick or disability leave, they must give the same benefits for those on pregnancy leave. In addition, employees who are pregnant or have pregnancy-related conditions must be treated the same as temporarily disabled workers in regard to the accumulation of vacation days, seniority and raises.

If you have experienced pregnancy discrimination at your job, fill out the free case review form on the right. A pregnancy discrimination attorney can evaluate your claim to determine your eligibility for a lawsuit.

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