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The Pregnancy Discrimination Act
The Pregnancy Discrimination Act requires companies employing 15 or more
people to treat pregnant workers the same way they treat other workers who
have medical disabilities and cannot work. The law prohibits job discrimination
on the basis of pregnancy, childbirth or related disability. Discrimination
on the basis of pregnancy, childbirth or related medical conditions constitutes
unlawful sex discrimination. The Pregnancy Discrimination Act guarantees
equal treatment of disabilities, including pregnancy, birth or related medical
conditions. Your employer cannot fire you because you are pregnant or force
you to take mandatory maternity leave.
You are protected in other ways too. You must be granted the same health,
disability and sick-leave benefits as any other employee who have a medical
condition. Any health insurance provided by an employer must cover expenses
for pregnancy related conditions on the same basis as costs for other medical
conditions.
Health insurance for expenses arising from abortion is not required, except
where the life of the mother is endangered. You must be given modified tasks,
alternate assignments, disability leave or leave without pay (depending on
your company's policy). You are allowed to work as long as you can perform
your job. You are guaranteed job security on leave. You continue to accrue
seniority and vacation and you remain eligible for pay increases and benefits.
If your company does not provide job security or benefits to other employees,
it does not have to provide them to a pregnant woman. Pregnancy related benefits
cannot be limited to married employees. In an all-female workforce or job
classification, benefits must be provided for pregnancy-related conditions
if benefits are provided for other medical conditions. If an employer provides
any benefits to workers on leave, the employer must provide the same benefits
for those on leave for pregnancy-related conditions. Employees with pregnancy-
related disabilities must be treated the same as other temporarily disabled
employees for accrual and crediting of seniority, vacation calculation, pay
increases and temporary disability benefits.
Furthermore, an employer cannot refuse to hire a woman because of her
pregnancy-related condition as long as she is able to perform the major functions
of her job. An employer cannot refuse to hire her because of its prejudices
against pregnant workers or the prejudices of co-workers, clients or customers.
Maternity Leave
An employer may not single out pregnancy-related conditions for special
procedures to determine an employee's ability to work. However, an employer
may use any procedure used to screen other employees' ability to work. For
example, if an employer requires its employees to submit a doctor's statement
concerning their inability to work before granting leave or paying sick benefits,
the employer may require employees affected by pregnancy related conditions
to submit such statements.
If an employee is temporarily unable to perform her job due to pregnancy,
the employer must treat her the same as any other temporarily disabled employee;
for example, by providing modified tasks, alternative assignments, disability
leave or leave without pay.
Pregnant employees must be permitted to work as long as they are able to
perform their jobs. If an employee has been absent from work as a result
of a pregnancy related condition and recovers, her employer may not require
her to remain on leave until the baby's birth. An employer may not have a
rule which prohibits an employee from returning to work for a predetermined
length of time after childbirth.
Employers must hold open a job for a pregnancy-related absence for the same
length of time jobs are held open for employees on sick or disability leave.
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