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| Protecting the pregnant employee |
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STATE and federal laws prohibit pregnancy discrimination in the hiring, firing, compensation, and setting of employment terms and conditions of pregnant employees. Pregnancy discrimination is defined as discrimination on the basis of pregnancy, childbirth, and related medical conditions. Some of the prohibited conduct includes firing, demoting, harassing, retaliating, refusing health benefits, denying promotion, denying medical leave, and treating a pregnant employee differently.
Under the law, pregnancy (and all its related medical conditions such as severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth) is considered a temporary disability. The employer must therefore give pregnant employees the same treatment and benefits that it gives to employees with other temporary disabilities.
Does a potential or current employee have to tell the employer about the pregnancy?
Though an employer may ask if a job applicant can perform the major functions of the job, the employer cannot ask whether the applicant is pregnant or plans to have children. The applicant may, therefore, choose to keep her pregnancy to herself if she is not yet showing.
If a current employee does not require or anticipate any kind of leave for medical visits or pregnancy-related sickness, and is otherwise able to perform the major functions of her job, she may choose not to share her pregnancy with her employer. However, if medical leave or visits are expected, the employee may have to ultimately disclose the pregnancy to the employer.
Can the employer require the pregnant employee to take a leave?
It is illegal for an employer to force a pregnant employee to go on maternity or disability leave while she is still able to work. Pregnant employees must be permitted to work as long as they are able to perform their jobs. If they have been absent from work as a result of a pregnancy-related condition and they recover, the employer may not require them to remain on leave until the baby’s birth. Also, an employer may not prevent them from returning to work for a predetermined length of time after childbirth.
Can the employer prevent a pregnant employee from doing certain tasks for health and safety concerns?
No. If the employee is able to perform the basic functions of her job without harm to herself and others, she must be permitted to keep doing her job during pregnancy. If she asks for a modification of her job duties, then the employer must treat the request in the same way as other requests made by temporarily-disabled employees. For example, an employer may require a doctor’s statement concerning her lifting requirements before excusing her from heavy lifting in the same way the employer may require any disabled employee who makes such a request.
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