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A project of the U.S. Department of Health and Human Services Office on Women's Health

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A project of the U.S. Department of Health and Human Services Office on Women's Health
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womenshealth.gov

Empowering women to live healthier lives!

 
 
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Know your pregnancy rights

When sharing your good news with coworkers, discrimination might be the last thing on your mind. But the truth is that many women are treated unfairly — or even fired — after revealing the news of their pregnancy. As long as a pregnant woman is able to perform the major functions of her job, not hiring or firing her because she is pregnant is against the law. It's against the law to dock her pay or demote her to a lesser position because of pregnancy. It's also against the law to hold back benefits for pregnancy because a woman is not married. All are forms of pregnancy discrimination, and all are illegal.

Women are protected under the Pregnancy Discrimination Act. It says that businesses with at least 15 employees must treat women who are pregnant in the same manner as other job applicants or employees with similar abilities or limitations.

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. Your job cannot be given away during this 12-week period.

Many state laws also protect pregnant women's rights.

These laws appear clear cut. But issues that arise on the job seldom are. Go to the U.S. Equal Employment Opportunity Commission website to learn more about your rights during pregnancy and what to do if you think your rights have been violated.

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More information on know your pregnancy rights

Explore other publications and websites

  • Facts About Pregnancy Discrimination — This publication has information on pregnancy discrimination. It discusses hiring, pregnancy and maternity leave, fringe benefits, and health insurance.
    http://www.eeoc.gov/facts/fs-preg.html
  • Pregnancy Discrimination — This online resource provides an overview of pregnancy rights, such as temporary disability, harassment, and maternal/paternal leave, with links to specific laws.
    http://www.eeoc.gov/laws/types/pregnancy.cfm
  • Pregnancy Discrimination (Copyright © American Pregnancy Association) — This online resource provides information on the Pregnancy Discrimination Act in regards to hiring, maternity leave, health insurance, and benefits.
    http://www.americanpregnancy.org/planningandpreparing/pregnancydiscrimination.html
  • Work and Pregnancy (Copyright © March of Dimes) — This fact sheet discusses ways to balance your work and life while pregnant and how to have a healthy work-life balance once you are a mom.
    http://www.marchofdimes.com/pnhec/159_11488.asp

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Content last updated September 27, 2010.

Resources last updated September 27, 2010.

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womenshealth.gov
A federal government website managed by the Office on Women's Health in the Office of the Assistant Secretary for Health at the U.S. Department of Health and Human Services.
200 Independence Avenue, S.W. • Washington, DC 20201