Posted on July 9th, 2018
Do you have an employee who is pregnant? The laws regarding pregnant employees can be a little confusing.
Here’s what you need to know about employer rights with pregnant women in the state of California.
As employers, it’s part of our responsibilities to make sure employees are working in a safe, stable environment. This duty is especially true when you have a pregnant employee.
Pregnant employees are afforded certain rights under the Civil Rights Act of 1964. In 1978, Title VII of this Act was amended and the Pregnancy Discrimination Act was born.
The Act provides a blueprint for employees to deal with maternity leave, health insurance, and fringe benefits.
Want to learn more? This article will explore the rights of pregnant employees in the workplace and how you as the employer can adhere to them.
The Pregnancy Discrimination Act
Discrimination claims by pregnant employees has been common ever since women entered the workforce.
Many women have complained about unfair treatment due directly to their condition that lead them to resign or be fired.
The Pregnancy Discrimination Act prohibits discrimination due to pregnancy, childbirth, or medical conditions relating to pregnancy or childbirth.
The law provides guidance to private and public employers. This includes local, state and federal governments. Employers with at least 15 employees are required by law to follow these guidelines.
In the United States, paid maternity leave is not mandatory. However, if employers provide paid sick leave to employees, they must also do the same for pregnant workers.
Per the Act, it is illegal for employees to refuse to hire pregnant women. It’s also illegal to deny them employment due to their pregnancy or the attitudes of their coworkers.
Paid Sick Leave vs. Maternity Leave
There’s a big debate brewing in corporate America and politics to create a law mandating paid maternity leave.
In 2018, the state of New York enacted a law requiring private employers to provide paid family leave to employees that gave birth or need to care for a child. The law guarantees that the employee gets to keep their health insurance and their job.
Here in California pregnancy leave rights are under the Family Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”). If your business meets certain requirements than your employees could be eligible for leave under the CFRA.
Here are some of the CFRA requirements:
- You have at least 50 employees within a 75 mile radius of where that employee (the one requesting the leave) has their worksite.
- That employee has worked for you the employer 12 months or more.
- The employee worked for you at least 1,250 hours in the preceding year.
If those requirements are met, your business and the employee fall under the states CFRA.
That means that employee is entitled to take up to 12 weeks of family care and medical leave in any given 12-month period.
This reason for this long of a leave is typically for the purpose of child bonding.
How Does the Insurance Company Handle Pregnant Employees?
By law, the insurance company should have provisions that afford coverage to pregnant workers. They should also reimburse pregnancy expenses in the same way they refund expenses for other medical conditions.
But, insurance companies aren’t obligated to pay more for pregnancy-related conditions. They pay an amount that is comparable to other conditions. Insurance companies must also extend the same health benefits to spouses of male and female employees.
This provision is laid out in the Pregnancy Act. The law guarantees that insurance companies cannot treat pregnancy negatively and deny coverage to employees because of it.
Family/Medical Leave
Most people are familiar with family/medical leave, better known as FMLA. FMLA ensures that employees get up to 12 weeks of unpaid vacation time so that they can care for a child or a sick loved one.
FMLA is a yearly right afforded to employees that work for companies with 50 employees or more. During this time, the company cannot fire you and you’ll be able to return to your job once the period is over.
In order to qualify for FMLA, the employee must log at least 1,250 hours at the place of employment over a 12-month period. That’s roughly 31 weeks (7 months) for an employee working full time 8 hours a day, 40 hours a week.
The Americans With Disabilities Act (ADA) is another act that protects workers with physical or mental disabilities. Although pregnancy isn’t considered a disability, the ADA deems pregnancy a physical condition that requires leniency from employers.
Therefore, employers must offer the same protections to pregnant workers that they provide for disabled workers.
The Act also advises employees to treat pregnant workers the same way they would disabled employees.
Employers can make accommodations for pregnant employees by adjusting their workload or duties. All they need is a doctor’s note regulating physical activity.
Can My Company Force a Pregnant Employee to Take a Leave of Absence?
Your company cannot force a pregnant employee to take a leave of absence, nor can you suggest your employee resign or leave the job.
Employees are not required to tell the company that they are pregnant. However, it is highly encouraged, especially if the employee decides to take FMLA, short-term disability, or paid maternity leave.
You as the employer cannot prevent workers from returning after they’ve given birth. If you decide to fire them, companies can face serious repercussions.
The best thing for you as the employer to do is to let the employee approach them with the news and any requests for time off or an amended work schedule. It’s the employee’s right to lead this conversation and do what they think is best is best for their health.
As the employer, you cannot give them health advice or change their duties without their consent and the consent of their doctor.
Taking the Next Step
If you’re a business owner with pregnant employees and you don’t know how it will affect your business, you need to consult an attorney.
This can get complicated because there are federal laws, local state laws and the specific circumstances California provides pregnancy leave for employees. It’s unpaid and provides up to 4 months of coverage.
Contact us today to learn more about the Pregnancy Disability Leave Act and other pregnancy laws affecting employers.
