Pregnant? Worried About Your Job?

There are many different instances where pregnancy discrimination can occur – hiring, promotion, maternity leave, dismissal, health insurance benefits, etc.  It is important that both the employer and the employee understand the laws before making any decisions.

Pregnancy Discrimination Act

The Pregnancy Discrimination Act of 1978 requires employers with 15 or more employees to treat pregnant workers the same as they would any employee with a medical disability.  In other words, this law provides protection for pregnant employees in several important areas.

First, if you are pregnant and interviewing for a job, the interviewer cannot ask if you are pregnant or ever plan to have children.  Pregnancy must not be a factor in the hiring decision as long as you are capable of performing the duties of the job.

Second, you must be allowed to work as long as you are capable of performing the job.  Your employer cannot require that you take maternity leave.  If you are temporarily unable to complete your tasks, the employer must treat you as any other disabled employee.

Third, if you have a pregnancy related disability, you must be treated the same as any other temporarily disabled employee for accrual of seniority, sick leave, pay increases and other benefits.

Finally, health insurance benefits must cover expenses for pregnancy related issues on the same cost basis as other medical conditions.  Maternity expenses must be paid the same as other conditions, whether on a fixed basis, or percentage of customary charge basis.   

Family & Medical Leave Act

The FMLA Act of 1993 states that any employee, after one year of service with their employer, may take up to twelve weeks of unpaid leave in any twelve month period for the birth of a baby.  This benefit is available to both the mother and father and may be taken intermittently or all at once.  Under the law, the employee must be restored to an equivalent position with equal benefits upon their return.  However, this law is only applicable to companies that employ 50 or more people within a 75 mile radius.

Interviewing Situations

What should you do if you are pregnant and looking for a new job?  That’s a tough question that each woman must answer for herself.  It is illegal for any employer to ask about pregnancy.  Questions must only establish that the applicant is capable of performing the work required in the position.  Additionally, the law does not require a woman to disclose her pregnancy. 

However, an employment relationship is one of the most important relationships in your life.  Your credibility is your most valuable asset.  It is inevitable that your employer will learn of your pregnancy and they may be resentful that you didn’t advise them in the beginning. 

If you need to reveal your pregnancy to accurately answer a question, then disclose it.  For example, if your job requires an intensive six month initial training program, then you are best advised to discuss it up front.

This is a dilemma that each individual must decide.  While the law protects you from revealing that information, it is also important to start off that employment relationship on the best footing.  Of course, if you are already physically showing, then there isn’t much you can do but discuss it openly.

It’s a good idea to research how a potential employer’s health insurance handles maternity benefits.  If you’ve not revealed your pregnancy, ask for copies of the health insurance plan and company policies.  Verify the waiting period before health benefits begin, pre-existing conditions clauses, coverage for prenatal, postnatal, and pediatric care, and company policies on time off with or without pay.

Grievance Procedures

If you feel that you’ve been discriminated against, the first step is to document every conversation, phone call, and memo.  Be specific on the content and include the date, time, and any participants or witnesses.

If you are a member of a union, discuss it with your union representative.  Otherwise, discuss it with your supervisor or HR Department.  Your Employee Handbook will likely address company policies and grievance procedures.  As a last resort, contact the Equal Employment Opportunity Commission. 

Hopefully, armed with the proper knowledge on both sides, arrangements can be handled pleasantly and mom can focus on celebrating the birth of her child. 

Nat Carmack is President of BOS Staffing, a locally owned staffing service.  www.bostemps.com