Your Pregnancy Legal rights at work

 

When workplace conditions put women’s pregnancies at risk

Video taken from the channel: PBS NewsHour


 

Pregnancy and the Workplace: Employee Rights and Employer Obligations

Video taken from the channel: First Healthcare Compliance


 

You’re Pregnant! What are Your Rights at Work?

Video taken from the channel: Legal Aid at Work


 

Pregnancy & COVID 19: Know Your Rights in the Workplace!

Video taken from the channel: A Better Balance


 

Your Pregnancy Rights In the Workplace [Cheat Sheet]

Video taken from the channel: Lawsuit Legal


 

A Message for Women: Taking Back Your Pregnancy Rights | Renee Coover | TEDxOakParkWomen

Video taken from the channel: TEDx Talks


 

The 5 Pregnancy Work Rights You NEED To Know | Channel Mum | Ad

Video taken from the channel: Channel Mum


Overall, pregnancy discrimination is a type of discrimination that occurs when a pregnant woman is fired or treated unfairly in some way because she is pregnant or planning to become pregnant. 2. In fact, it is not uncommon for pregnant women to be sidelined at the workplace simply because they are expecting a baby. Federal laws that may affect pregnant women in the workplace include those related to civil rights, disability and family leave. Many states and municipalities have passed additional laws aimed at. Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA), which is enforced by the U.S.

Department of Labor. Nursing mothers may also have the right to express milk in the workplace under a provision of the Fair Labor Standards Act enforced by the U.S. Department of Labor’s Wage and Hour Division.

Working While Pregnant It is illegal for any employer with more than four employees to fire an employee because she is pregnant—or to change the terms, conditions, and privileges of employment because of pregnancy, childbirth, or related conditions. It is also illegal for an employer to refuse to hire an applicant because she is pregnant. Your rights as a pregnant employee Your boss can’t fire you because you’re pregnant.

If your employer forces you to leave your job or cuts your hours because they don’t want you working during the pandemic, that could be pregnancy discrimination, which is illegal. A. Effective January 1, 2015, P.A. 98-1050 amends the Illinois Human Rights Act (775 IlCS 5/1 et seq.) to create additional protections for pregnant employees. • Public Act 98-1050 applies to any employer employing 1 or more employees. • Public Act 98-1050 protects part-time, full-time, and probationary employees, as well as job applicants.

You have legal rights while you’re pregnant at work. These rights can protect you from unfair treatment, make sure your work is safe and give you time off for antenatal appointments. You’ll get different rights while you’re away from work on maternity leave. Maternity pay and maternity.

The Family and Medical Leave Act also protects the jobs of workers who are employed by companies with 50 employees or more and who have worked for the company for at least 12 months. These companies must allow employees to take 12 weeks of unpaid leave for medical reasons, including pregnancy and childbirth. The Healthy Starts Act is a new Washington State law that gives many pregnant workers the right to accommodations at work related to bathroom breaks, food and drink, heavy lifting, sitting/standing, and other accommodations as needed.

Now that we’ve scratched the surface on your rights as a pregnant woman at the workplace, we want to briefly mention the benefits of wearing a postpartum girdle to support your recovery when you go back to your job. Going Back To Work After Pregnancy. Now that we’ve scratched the surface on your rights as a pregnant woman at the workplace.

List of related literature:

Workplace discrimination against pregnant women is prohibited by Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA).

“Medical Care Law” by Edward P. Richards, Katharine C. Rathbun
from Medical Care Law
by Edward P. Richards, Katharine C. Rathbun
Aspen Publishers, 1999

If your employer has a policy that seems unclear or unfair on pregnancy, childbirth, or related issues, contact a committee on occupational safety and health (COSH) or other workplace health advocacy group for support.

“Our Bodies, Ourselves: Pregnancy and Birth” by Boston Women's Health Book Collective, Judy Norsigian
from Our Bodies, Ourselves: Pregnancy and Birth
by Boston Women’s Health Book Collective, Judy Norsigian
Atria Books, 2008

If an employer requires that all employees with a medical condition undergo medical evaluation to establish ability to work, then a pregnant employee can be required to comply with the same procedure (e.g., providing a statement from a health care provider documenting need for leave).

“Ethics and Law in Dental Hygiene E-Book” by Phyllis L. Beemsterboer
from Ethics and Law in Dental Hygiene E-Book
by Phyllis L. Beemsterboer
Elsevier Health Sciences, 2016

Each provision in the Pregnancy Discrimination Act (1978) addresses the right of the employee to continue working when she is able or to be treated similarly to any other employee when she is unable to work.

“Organization and Administration in Higher Education” by Kristina Powers, Patrick J. Schloss
from Organization and Administration in Higher Education
by Kristina Powers, Patrick J. Schloss
Taylor & Francis, 2017

The employer must give notice of rights under this statute to new hires and employees who disclose a pregnancy or related condition.

“Complete Guide to Human Resources and the Law, 2019 Edition” by Shilling
from Complete Guide to Human Resources and the Law, 2019 Edition
by Shilling
Wolters Kluwer Law & Business, 2018

According to the Pregnancy Discrimination Act (PDA), your employer must treat you as it would treat any employee with a temporary medical disability.

“The Mama Natural Week-by-Week Guide to Pregnancy and Childbirth” by Genevieve Howland
from The Mama Natural Week-by-Week Guide to Pregnancy and Childbirth
by Genevieve Howland
Gallery Books, 2017

Under the Pregnancy Discrimination Act (PDA), a 1978 amendment to Title VII, a pregnant worker must be treated no worse than other employees unless she differs from others in her ability or inability to work.

“Equality on Trial: Gender and Rights in the Modern American Workplace” by Katherine Turk
from Equality on Trial: Gender and Rights in the Modern American Workplace
by Katherine Turk
University of Pennsylvania Press, Incorporated, 2016

The Pregnancy Discrimination Act prohibits employment practices that discriminate on the basis of pregnancy, childbirth, or related medical conditions.

“Human Resources Management for Public and Nonprofit Organizations: A Strategic Approach” by Joan E. Pynes
from Human Resources Management for Public and Nonprofit Organizations: A Strategic Approach
by Joan E. Pynes
Wiley, 2013

The law requires that pregnant women be treated the same as any other employees in the workplace.

“Organizational Success Through Effective Human Resources Management” by Ronald R. Sims
from Organizational Success Through Effective Human Resources Management
by Ronald R. Sims
Quorum Books, 2002

The 1978 Pregnancy Discrimination Act (PDA) and the 1993 Family and Medical Leave Act (FMLA) were designed to protect parents in the workplace.

“The Role of the Father in Child Development” by Michael E. Lamb
from The Role of the Father in Child Development
by Michael E. Lamb
Wiley, 2010

Oktay Kutluk

Kutluk Oktay, MD, FACOG is one of the world's foremost experts in fertility preservation as well as ovarian stimulation and in vitro fertilization for infertility treatments. He developed and performed the world's first ovarian transplantation procedures as well as pioneered new ovarian stimulation protocols for embryo and oocyte freezing for breast and endometrial cancer patients.

Mail: [email protected]
Telephone: +1 (877) 492-3666

Biography: https://medicine.yale.edu/profile/kutluk_oktay/
Bibliography: oktay_bibliography

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31 comments

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  • Work in retail. Standing on my feet all day not allowed a break because I work 6 hours 3 times a week. I feel like giving up finding it very hard being pregnant and not eating for so long

  • The need the \”reasonable time off\” rule for appointments for adoption too. I was lucky the company I was with were supportive but I didn\’t have any \”rights\” to it. Adoption leave has come a long way but it\’s still not equal x

  • I wish I had this sort of info when I was pregnant. Really pleased it will help lots of expectant mums out there! Well done team! Xx

  • Funny no Republicans voted for the maternity leave act even though they claim to be the “family values” party. Guess they only have family values when they don’t interfere with their values of unregulated capitalism.

  • Great topic! Telling work is often like the first big hurdle when you’re pregnant and this is really reassuring, it’s easy to forget how much your employers are there to look after you and feel worried or even guilty about getting pregnant which is crazy when you think about it! SJ x

  • These benefits should really come from the government, not employers. There should also be govt after school programs so that mothers (or fathers) didn’t have to leave work early to pick up their kids. And there should be a ton more programs to help families, if this society wants to be healthy.

  • I remember being fired the day after letting my employer a small non-profit ngo by the way that I was pregnant. I had all copies of my very good work reviews. Had I not been in a car accident a few days previously, I would have gone to Court, but did not have the energy. After showing EI the reviews, they even suggested I sue the NGO.

  • Some great tips in here. I found it was really important telling my boss early on as I did so much travel; after I had done that it helped with everything as he was so much more understanding about what I could I couldn’t do.

  • We should just not have children at all… then the worlds economy would…die out

    We NEED good moms for god sake! Women who use precious time and does a good job raising kids, doesn’t get anything but love (ofc that is something although we can’t live and eat love… haha….) we raise the future generation, women should get payed do do that if you take away the money she worked for, so she can feed her healthy kids.. who will grow up to do take jobs paying tax…. over and over again.

    Nuke everybody who fires a woman for having plans of getting pregnant they simply should not have kids themselves.

    And to women judging other women about this subject.. you are a man attention whore who only says this like these to get acceptance from men.. i hope you will get a horrible pregnancy labor.. unbearable.

  • If all women stopped having babies for even 1 full year, the US economy would plummit. We should teach the US a lesson. Sadly, the unemployed women who get checks for having their babies would not allow for this change.

  • Mum’s shouldn’t feel pressured to go back to work after having children. The women giving the talk (rant) is exactly the kind of women who looks down her nose at stay at home mums. The kind that pressures women into staying away from her children leaving them for someone else to raise.

  • I worked as a CNA for Avamere Transitional Care Of Puget Sound until 37 weeks and my doctor said no more. I went on unpaid maternity leave for three months and was fired during that time even though they said I could return after approval from my doctor. I had to reapply for my job and was denied the sign on bonus that came with the position. I also never received my sick leave and holiday pay cashed out after being fired.

  • X iazlasi niizx. Z asniuja. I. Ljzisz1vz a. Kaj. Xiii z 8i sjjajzj ajis xiszajajia i. 5 ajj ac. I2ial zj ihu z ia j x ajb. J. Iis. I ajiaziijjsjzix jil il x lk j l is. I akjznxii z iaaojav n iaz i 8a aa. Z a 1 x. Xi. J 22 s. 2a va z. A j z s. Ialj jzvx s. Z ajaj. Ji ia. Ia avz. Zxi. I zit. A xv i. Ajao. Zxo szx zl j. Lljl h xjnzsi. Axia. Zjjz. Z j i. I zais aiaia ajs. Kau iza. Iaa. Ii. Aza

  • those who commented things like hiring women in their reproductive age will ruin you, or that employers should not take the responsibility of women’s choice to get pregnant and have kids, or even that women are entitled because they want to have paid maternity leave, just don’t see the bigger picture. We are trying to create a sustainable system that enables society to produce not only competent and skilled citizens but also make sure that these citizens are emotionally and psychologically fit. If moms are not given support to be there and bond with their babies in months or weeks after their birth, which is a very critical time for babies’ development, we are also somehow depriving the for the future generation the nurturing they need as well as the chance of developing into holistically better citizens.

  • I had a job where the woman hiring manager and catholic boss, wouldn’t put me up the ladder because I’m pro-life catholic female who just got married. after I worked 4 years for the company. her words were we don’t consider you to be long term…. were looking for someone who can stay at the company for 20 years.so I quit moved on and work for a good company now……. we are unable to have children. I deserve to at least be paid fair for my hard work.

  • I am glad that such an informative, compassionate, delightful, and necessary talk exists. We do need to embrace pregnant women and families, including the need for family leave. Four months is not quite long enough, but it is a start. As coworkers, we can help and support pregnant ladies on the job. As bosses, we can go above and beyond to assist her in some tasks, as well as offering paid time off as long as possible. If possible, offer the same thing for the fathers, as they will be invaluable around the house, and bonding helps the entire family. If people know that pregnancy and family is supported and encouraged in this country, other positive outcomes will occur, too, including family longevity, decreased abortion rates, increased job productivity, and decrease in crime, among other major things. C’mon, America-let’s love our families.

  • Or, like I said, YOU can take responsibility for your own choices. I didn’t have children until I was 30. At that time we were making enough money for me to take time off. Women make the decision to become mothers, not business owners. ALL companies suffer because of this and I care plenty about my employees when they’re doing their jobs properly. We’ve had maybe 2 employees that were rehired after giving birth. If I had a position open and they were a good employee. Unless I’M the one getting you pregnant, I’ll NOT be the one paying for anything to do with your child. This falls on the woman and man who has CHOSEN to have children. Use some common sense here. You may as well ask your neighbors to give you an extra paycheck or otherwise they’re shitty neighbors. Or ask your parents to pay your bills, because otherwise they’re being shitty parents.

  • Wish that the video had real life examples. We all know the definition for each which can be found anywhere…. However, we don’t know real life applications of these laws.

  • I wonder though how easy/hard it is to prove firing, not hiring, or demotion due to pregnancy? Like, its not like an employer will admit that its cuz of pregnancy… They will just give some BS excuse.

  • So the business owner gets fucked… Mommy gets to sit home watch television all day while the business owners business is completely disrupted.. that is why in 23 years of business I only hired women over 50. They would done with the whole child bullshit and needed the money cuz they were usually divorced. They never miss a day, never called in sick, and with some of the best employees I ever had.

  • Do you suppose the reason that some employers “discriminate” against preggos would be exactly the same reasons they would “discriminate” against other highly unproductive workers? Choosing to reproduce oneself for your own selfish & narcissistic reasons is not a service to society. The countries with the lowest birth rates have the highest living standards. If we need more people, we can easily import them

  • Why should people, who for there own selfish, narcissistic reasons choose to reproduce themselves be given special rights & privleges over those who either cannot, or choose not to have children?

  • wow we are not number one in this issue USA should provide payed maternity leave I know japan it is expedited for the woman to take off 2 years payed maternity then return to her job with the same rate of pay. America is all about money that is for sure.

  • While i am against discrimination, I would like to have seen the issues actually addressed on a number of points. Pregnant women in the work force often Do impose greater work loads on their coworkers. You said able to perform all “major” functions, but this does not include all functions, yet the coworkers being asked to carry the additional load are not being compensated for the additional work. Employers having to find temporary replacements are bearing an additional cost in finding said temp, training them and so on. These are legitimate issues yet you ignore them. I ask this honestly, how is it equal to be asked to be expected to do less work for the same pay? I’m not saying we don’t need the maternity leave, just asking for a bit of truth and less attitude i guess. Your asking for special treatment and acting as if your being slighted. The demands for future generations does require effort, and women bare the brunt of some of this but at least acknowledge that some counter points are valid.

  • Sure it’s illegal but good luck proving it. There’s always a “good reason” to fire someone and you can get away with discrimination by just stating any of the other legal reasons

  • Women should have the right to be hired or fired not because of the fact that they will be having a baby or have a baby. There are laws stating that this is illegal to do but it still happens all too often, like she said in this video. Most women are not stay at home moms anymore. More and more women are joining the workforce. Women are biologically programmed to be able to carry and birth a child. So why are they being discriminated against if this is just the way they are genetically programmed? It is not their fault they want to bring new life into this world. Women need maternity leave to be able to bond with their children. Studies have shown that if a woman bonds with her child, that child will have an all around better health than moms who are unable to make that bond with their children because they have to go back to work after they give birth. There should also be a paternity leave for fathers to be able to make that bond with their newborn child. Parents need that time to be able to bond with their newborn children. Pregnancy is a natural thing so why are women being discriminated against? Like the woman said in the beginning of the video, her new husband would not be asked if his wife planned on becoming pregnant in the near future and depend on that answer on whether they will hire him or not. Women need the same opportunities as men when it comes to jobs whether or not they want to start a family.

  • Ahh the comments section on youtube… where humanity goes to die. I really regret scrolling down here. It’s really quite unfortunate men can’t become pregnant. I feel like we’d have a lot more legislation in favor of support for families. I think it’s also important to acknowledge that pregnancy isn’t always a decision, accidents do happen. If a coworker of mine were pregnant I wouldn’t mind helping out, that’s what being a human being is about. I’d like to hope that we all work as a team, a team that helps each other out instead of bringing each other down.

  • so true. This is happening in Europe too. What’s more, is the attitude of society towards pregnant women. They expect us to deliver our babies while at work.

  • I’m a hairstylist and I’ve worked for a hair cutting business for 15 yearsI am 3 months pregnant and was advised by my doctor that I am high risk for contracting covid-19 and it is under her recommendation to stay at home until three months after I deliver I sent my employer the doctor note and was informed that after FMLA runs out I will have to term and be rehired when I can come back… I was shocked to sounds like it falls under the pregnancy discrimination act. When I informed her of such I was told she’ll call me Monday.

  • I work at a Nail Salon. As a Nail Tech, my type of work you are hands on with the customers touching hands and feet etc. I don’t think with my job that I can safely social distance. I’m face to face with people when I work on their nails. I also work beside other nail techs. Our desks are placed beside each other. Tight working area.
    The salon I’m working at was forced to close due to covid-19. I want to know if I can still draw unemployment even if they decide to open back up? I’m 3 months pregnant now and I live in Georgia

  • Please help my 27 year old ER nurse daughter just found out last Monday that she is preg. Dr orders were given to ER managers tha day. The orders were have my daughter removed from direct contact with COVID 19 patients. She worked tues and wens and at the end of her shift friday she was told they will not be able to accommodate her dr orders and she needs to go on a leave of absence by her choice. She is not sick or hurt that would make her disabled to qualify for DSI. Today is Tues she contacted dr because the ER now wont let her work without a med release from the Dr. Office which he WONT DO!! The ER has not given her any paperwork or guidance to what assistantance is being offered to Pregnant Frontline Nurse during the COVID 19 pandemic. She has not ageed to anything but was taken off the schedule. The Dr he wont put her on DSI because she is not disabled. She is sick with all of this she just got married has a 1.5 year old baby girl and many other obligations she and her husband take care of. SHE NEEDS AND WANTS TO WORK AND NOT RUFFLE ANY FEATHERS BECAUSE SHE ONLY HAS 2 YEARS IN AS A NURSE AND THINKS BY THE TONE OF THE MANAGER AND HR SHE WILL BE BLACK LISTED AND NEVER BE HIRED AS A NURSE AGAIN. PLEASE HELP ME HELP MY DAUGHTER. I NEED TO KNOW HOW TO GUIDE HER. I HAVE ALREADY MADE THE STATE REPRESENTATIVE AWARE OF THIS AND THEY GAVE ME YOUR WEBSITE BUT CAN NOT LOOK INTO A CASE LIKE THIS. SHE IS NOT BEING PAID AND THE STRESS IS NOT HEALTHY. PREGNANCY DISCRIMINATION VIOLATION AND RIGHTS ARE BEING VIOLATED THEY ARE BULLING HER TO GO OUT ON HER OWN LEAVE WHICH SHE DOESNT HAVE MUCH BANKED DUE TO HER DAUGHTERS RSV IN FEB THAT INCLUDED A WEEK IN THE HOSPITAL. PLEASE SHE NEEDS TO HEAR IT FROM SOMEONE ELSE SHE IS OVERWHELMED AND FEELS SHE HAS NO CONTROL OR CHOICE TO THIS. TO MAKE THINGS WORSE THE MANGER HAD HER DR ORDERS OF NO CONTACT WITH COVID PATIENTS MONDAY MY DAUGHTER WAS PLACED IN THE COVID QUARANTINE AREA ON EACH OF THE 3 FULL 12 HOUR SHIFTS. WHICH GOES AGAINST THE DR ORDERS. MY DAUGHTER DIDNT WANT TO CAUSE A PROBLEM AND THE STAFF WERE KEEPING HER AWAY REGARDLESS BUT 3 SHIFTS WITH KNOWLEDGE OF THE ORDERS IS UNACCEPTABLE. WE NEED HELP