Working while pregnant
Being
pregnant should not prevent you from working and developing your career, so get
clued into your rights at work…
Fair treatment
The
Pregnancy Discrimination Act protects you from discrimination in pregnancy and
aims to ensure that your pregnancy, any pregnancy-related illness, and
childbirth are treated the same as other medical conditions or short-term
disabilities. If the company you work for employs at least 15 staff, it can’t
fire you or refuse you a promotion because you’re pregnant. Your benefits of
seniority and your retirement benefits are also protected. It also means a prospective new employer
can’t refuse to hire you because of your pregnancy for being pregnant.
The
Family and Medical Leave Act allows you to take up to 12 weeks’ unpaid leave in
one 12-month period and can be utilized after a birth or adoption as long as
you’ve been in your job for a year and the company you work for has 50 or more
employees. Keep in mind though that if you don’t return to work afterwards you
employer can claim back the healthcare premiums they paid during your leave.
Harmful work conditions
One
area where you have very little protection is in the work you do. If it’s
particularly strenuous or involves working with chemicals that could
potentially harm your baby if inhaled, you employer is under no obligation to
modify your workload. The Supreme Court has ruled that fetal risk decisions are
your responsibility. If you do work in potentially hazardous surroundings,
speak to your boss or supervisor to see if there are any compromises you can
reach to lessen your risks.
What your company offers
Speak
to your company’s human resources department to find out how much flexibility
you might be able to expect in day-to-day work situations. Colleagues who have
children might also be willing to talk about their experiences at the company
you work for. Find out what your state laws are too – some may offer more
protection and more time off around the birth of your baby, and some provide
for paid family leave.
If
you feel you’re being discriminated against, try to keep a record of any
incidences that can stand as proof if you file a claim. A local attorney will
be able to advise you if you decide to take matters further.
The information in this feature is intended for
educational purposes only. If you have any concerns about your health, the
health of your child or the health of someone you know, please consult with a
doctor or other healthcare professional.
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Last Modified: 12/06/2008
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