Laws accomodating pregnancy in the workplace
(The FMLA requires employers to continue an employee’s health insurance during leave; for more information, see Taking Family and Medical Leave.) It's illegal for an employer to reprimand an employee for taking FMLA leave or to count FMLA leave against an employee in any way.
For example, an employer may not count FMLA leave as an unexcused absence under its attendance policy.
The FMLA provides job-protected leave, which means that you are entitled to get your job back when your leave is over.
Your employer can also require you to use to use your accrued paid leave during FMLA leave.Most states also prohibit pregnancy discrimination. And, some states are more generous than the FMLA in providing employees with time off work for pregnancy disability and caring for a new child.Title VII prohibits employers from discriminating against employees on the basis of sex; the PDA makes clear that this prohibition includes pregnancy, childbirth, and related medical conditions.This case also provides the opportunity to discuss the proper approach for employers concerned about exposing pregnant employees to potentially hazardous workplace conditions.Step one, of course, is: don’t terminate employees just because they are pregnant.