Pregnancy/Pregnancy Loss

Staying healthy at work while you are pregnant is sometimes challenging: you may be dealing with morning sickness, back pain, or doctor’s appointments every few weeks. For women who have suffered a miscarriage, you may need time off for recovery. U.S., Minnesota, and local laws can help you stay healthy at work, give you time off when you need it, and protect you from pregnancy discrimination.

• The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced a pregnancy loss. That means:
  • Your boss can’t fire you or cut your hours when she finds out that you’re pregnant or trying to get pregnant—you have the right to keep working as long as you can still do your job. You also have the right to be free from harassment at work because you are pregnant.
  • You cannot be asked about your pregnancy or plans to have children in a job interview.
  • Your employer can’t treat you differently from other workers just because you are pregnant or have had a miscarriage. The Supreme Court just decided a case where they clarified what this means. The Court said that employers may not put a “significant burden” on pregnant employees. How do you know what’s a significant burden? Start looking around at how your employer treats other non-pregnant employees who have needed an accommodation at work. For example, does your employer have a policy of giving light duty only to those with on-the-job injuries? Or did they have no problem helping out folks with non-pregnancy related disabilities, but sent all the pregnant women out onto unpaid leave? If so, this could be evidence of pregnancy discrimination. Since we are still waiting for further clarification of how this standard works, it’s best to collect all the evidence you can (policies, employee handbooks or manuals, digging around to find out how others have been treated) and to discuss your particular situation with an attorney.
• The Minnesota Human Rights Act also bans pregnancy and childbirth discrimination, and covers most employers regardless of size. The statute also says that employers have to treat women affected by pregnancy or childbirth the same as other employees with similar limitations or needs—for example, if they give light duty to a man with a back injury, they must give you light duty for back pain during pregnancy.

If you need changes at work to stay healthy on the job, the laws below can help. In addition, click the green button to learn how to talk with your boss about your pregnancy and request an accommodation if you need one.

• Under Minnesota Law, employers with 21 or more employees, provides important protections for pregnant workers. If you need a “reasonable accommodation,” based on the advice of your licensed health care provider or certified doula, like extra bathroom breaks or limiting heavy lifting, then your employer has to give it to you unless it would be really difficult or expensive.
  • This means your boss can’t fire you or make you go on a leave of absence just because you need a bigger uniform or a stool at work, among other things.
  • You don’t have to get a note from your provider or doula, and your employer can’t refuse your requests, for the following things: more frequent restroom, food, or water breaks; seating; and limiting lifting over 20 pounds.
  • Your employer has to engage with you in an interactive process to find out what “reasonable accommodations” can help you continue working.
  • For more information, click here.
• The Americans with Disabilities Act makes it illegal for employers in the U.S. with 15 or more employees to discriminate against disabled workers.  Some pregnancy-related conditions, such as preeclampsia or gestational diabetes, are considered disabilities under the law. This means:
  • Your boss cannot fire you, refuse to give you a promotion, or harass you because you have a pregnancy-related disability.
  • If you have a pregnancy-related disability, your boss cannot refuse to give you small changes at work that you need to stay healthy, like breaks to take medication, temporary relief from heavy lifting, or a stool to sit on during your shift. These changes are called “reasonable accommodations” and are available as long as you can still complete the basic duties of your job with those changes.  Your boss does not have to give you an accommodation that would be very difficult or expensive, like building a whole new office.
  • Although pregnancy, by itself, is not considered a “disability,” some conditions of pregnancy may be disabilities so check with a lawyer to see whether you have a right to an accommodation at work.
• The Minnesota Human Rights Act also bans disability discrimination, and covers almost all employers regardless of size.
• If you are covered by the Family and Medical Leave Act, you have the right to take time off during pregnancy or after experiencing a miscarriage without losing your job. See the “Leaving Work for Childbirth and Bonding” section under the next tab for more information or see this guide to your workplace rights around miscarriage.

Leaving Work for Childbirth & Bonding

The U.S. is one of the only countries in the world with no law guaranteeing women the right to paid leave for childbirth. However, you may have the right to take unpaid leave for childbirth and return to your job.

The law may protect your job while you are taking leave after childbirth or adoption.

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year for a family health emergency or to take care of a new baby— without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law! You must 1) work for the government or a company with 50 or more employees within 75 miles of your worksite and 2) have worked with your employer for at least 1 year and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own health (including pregnancy), to care for a new child after birth, adoption, or foster placement, or to care for a seriously ill family member. Remember that you only get 12 weeks a year in total—if you take time off before you give birth for your own health needs, you’ll have less time afterward to spend with your baby.
  • Before giving birth, you may use your leave an hour or day at a time—such as by taking a day off per week to go to the doctor— rather than all at once. Your employer must approve, however, if you want to use leave time in smaller chunks to bond with your baby.
  • While you are on leave, you have the right to keep your benefits. When you return to work, you have the right to return to the same or a similar job.
  • If you are in the top 10% of highest-paid workers in your company, different rules apply.
• The Minnesota Parental Leave Act (MPLA) is similar to the FMLA, but covers a few more workers.
  • You are eligible for the MPLA if 1) your workplace has 21 or more employees at any one site and 2) you have worked for your employer at least half-time for 12 months.
  • If you are eligible, the MPLA gives you the right to take up to 12 weeks of unpaid, job-protected leave for prenatal care, the birth or adoption of a child, or for incapacity due to pregnancy, childbirth, or related health conditions.
  • While you are on leave, your employer has to allow you to continue your insurance coverage (but doesn’t have to pay for it).
• If your boss treats workers who take time off for childbirth differently from workers who take time off for other medical treatments (for example, she gives most workers 2 weeks off for surgery but only 1 week for childbirth), this could be illegal under the national Pregnancy Discrimination Act and Minnesota discrimination laws. Call A Better Balance if you think you are being treated unfairly.

Returning to Work: Recovery, Nursing, and Sick Time

When you return to work as a new parent, you may still need a few extra breaks to pump breastmilk or time off to care for your baby when he’s sick. There are a few laws that can help you get back to work safely and still care for your family.

• If you are disabled for a period of time after childbirth, the Americans with Disabilities Act and Minnesota disability laws, discussed in the “While You’re Pregnant” tab, may apply.
  • If so, you may be able to get an accommodation at work, such as light duty, while you recover.

• You have the right to Express or Pump Milk at Work. If you work in Minnesota, your employer must give you unpaid break time to express breast milk. They also must try to provide a private location with access to an electrical outlet, other than a bathroom, for you to pump.
• Rights for breastfeeding moms are strong in Minnesota, but national laws may also protect you (for example, if you work outside Minnesota):
  • The Affordable Care Act (“Obamacare”) gives some U.S. workers the right to take unpaid breaks at work to pump milk, and requires some employers to find a clean, private place that’s not a bathroom for employees to pump milk. This law only applies to workers and employers who are covered by the Fair Labor Standards Act (FLSA)— the law that sets minimum wage and overtime requirements.
  • It may be illegal under the Pregnancy Discrimination Act for your boss to punish or discriminate against you because you are lactating.
• Under Minnesota law, you have the right to Breastfeed Your Child in any public or private location.
• For more information about your nursing rights, click here.

As a new parent, you may face discrimination at work or have problems taking time off when you or your baby is sick. These laws can help you balance your job and caring for your family.

• If you work in Minneapolis and your employer has 6 or more employees, you may have the right to take up to 48 hours of paid sick time per year. If your employer has five or fewer employees, you may have the right to take up to 48 hours of unpaid sick time per year. Sick time can be used to care for your own or your family’s medical needs. Workers earn this time at the rate of 1 hour of sick time for every 30 hours worked.
  • Family members covered by the law are: children; spouses; siblings; parents; parents of a spouse; registered domestic partners; grandchildren; grandparents; and members of the worker’s household.
  • Minneapolis’s paid sick time law can also be used for “safe time” purposes related to domestic violence, sexual assault, or stalking when the worker or the worker’s family member is the victim.
  • Sick time under this law can also be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency.
• If you work in Saint Paul and your employer has 24 or more employees, you may have the right to take up to 48 hours of paid sick time a year. Sick time can be used to care for your own or your family’s medical needs. Workers earn this time at the rate of 1 hour of sick time for every 30 hours worked.
  • Family members covered by the law are: children; spouses; siblings; parents; parents of a spouse; registered domestic partners; grandchildren; grandparents; and any individual related by blood or affinity whose association with the employee is the equivalent of a family relationship.
  • Saint Paul’s paid sick time law can also be used for “safe time” purposes related to domestic violence, sexual assault, or stalking when the worker or the worker’s family member is the victim.
  • Sick time under this law can also be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency.
• If you work in Duluth,  and your employer has 5 or more employees, you may have the right to take up to 40 hours of paid sick time a year. Sick time can be used to care for your own or your family’s medical needs. Workers earn this time at the rate of 1 hour of sick time for every 50 hours worked.
  • Family members covered by the law are: children; spouses; domestic partners; siblings; parents; parents-in-law; stepparents; grandchildren; grandparents; and any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.
  • Saint Paul’s paid sick time law can also be used for “safe time” purposes related to domestic violence, sexual assault, or stalking when the worker or the worker’s family member is the victim.
• To see if you are the type of worker that is covered by these laws, you can read more about the paid sick time laws here.
• In Minnesota, if you lose your job because you need to take care of a sick, injured or disabled family member, or because your childcare fell through, you may still be able to get Unemployment Insurance. In both cases you have to try to fix the situation (by asking your employer for an accommodation and trying to find other child care).
• You have the right to take up to 16 hours of School Conference and Activities Leave to attend school-related activities for your children. You have to give your employer notice when you can. All employers are covered, regardless of size.
• You have the right to use any Paid or Unpaid Sick Leave you have to care for your sick or injured child (including biological, adopted, foster, and stepchildren), as well as a sick or injured spouse, sibling, parent, grandparent, stepparent, mother-in-law, father-in-law, or grandchild (including step-grandchildren, adopted, and foster grandchildren).
• Employers cannot discrimination against you because of your Familial Status (the fact that you are a parent or legal guardian of a minor).