Employment Protections for Pregnant and Nursing Workers

Federal employment protections for pregnant or nursing workers include:

• Employers are prohibited from refusing to hire a woman because of pregnancy, as long as she can perform the major functions of her job.
• A pregnant applicant or worker may not be treated differently from anyone else.
• If an employee is temporarily unable to work, an employer must treat her as any other temporarily disabled employee.
• If an employer requires all employees to submit a doctor’s statement concerning their inability to work before paying benefits or granting leave, the employer may also require pregnant employees to do the same.
• Any health insurance provided by an employer must cover pregnancy-related expenses; just as any other medical conditions are covered.
• Employees on leave for pregnancy-related conditions must be treated the same as anyone else for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.
• Nursing mothers must be provided reasonable break time to express breast milk or nurse her child for one year after the child’s birth.
• A place, other than a bathroom, that is shielded from view and free from intrusion from others must be provided for a nursing mother.