For law enforcement, first responders, and female executives:

Maternity and Accommodations

Navigating through work challenges is the last thing you need during significant life changes. Embracing the arrival of a new child should be a time of celebration, and you deserve to concentrate on the needs of your growing family without worrying about your career. As law enforcement officers, first responders, or female executives, you are entitled to specific accommodations, a minimum of 12 weeks of leave, and the assurance of returning to your position once your maternity leave concludes. Your pregnancy or motherhood status must not influence decisions concerning your career trajectory, including hiring, termination, promotions, demotions, or compensation. If you encounter resistance or discrimination from your employer due to your pregnancy or family planning, we are here to support you.

THE PREGNANT WORKERS FAIRNESS ACT

The PWFA, implemented in the summer of 2023, mandates that covered employers must provide reasonable accommodations to address a worker's limitations related to pregnancy, childbirth, or associated medical conditions. This law protects employees and applicants of “covered employers,” which include private and public sector employers with a minimum of 15 employees. Accommodations may include the ability to adjust duties, access to necessary facilities, flexible scheduling, provision of appropriate attire, and additional break time for essential needs. Employers must offer reasonable accommodations unless they significantly disrupt business operations, constituting an “undue hardship.”

THE PREGNANCY DISCRIMINATION ACT

The PDA ensures that covered employers treat women affected by pregnancy, childbirth, or related medical conditions fairly and equitably in comparison to other employees. This legislation encompasses all aspects of employment, encompassing hiring, firing, promotions, and benefits. Pregnant workers are shielded from discrimination based on their current, past, or potential pregnancies.

Current Pregnancy: Employers cannot take adverse actions against women due to their pregnancy, childbirth, or related medical conditions, even if they believe it's in the employee's best interest.

Past Pregnancy: Discrimination based on a past pregnancy or related medical condition is prohibited. For instance, terminating a woman because of her pregnancy during or after maternity leave violates the law.

Potential Pregnancy: Employers cannot discriminate based on an employee's intention or potential to become pregnant, including imposing job restrictions out of concern for fetal health.

Medical Conditions Related to Pregnancy or Childbirth: Discrimination against employees due to pregnancy-related medical conditions is prohibited. Lactation, for example, is considered a medical condition related to pregnancy, and employers must accommodate breastfeeding schedules.

OTHER LAWS AFFECTING PREGNANT WORKERS:

The Family and Medical Leave Act (FMLA) permits eligible employees of larger employers to take up to 12 workweeks of leave for childbirth and childcare purposes, with job restoration guarantees.

The Americans with Disabilities Act (ADA) protects pregnant workers with impairments related to their pregnancies that qualify as disabilities under the ADA, mandating reasonable accommodations unless they pose undue hardship.

The Affordable Care Act requires employers to provide reasonable break time and a private space (other than a bathroom) for nursing mothers to express breast milk, with exceptions for small businesses facing undue hardship.

The PUMP for Nursing Mothers Act, introduced in 2023, extends ACA protections, ensuring almost all employees are covered for up to a year after childbirth. It also requires employers to count pumping time toward minimum wage and overtime pay, allowing employees to seek recourse for violations.