Pregnancy Discrimination Act – How Am I Protected?

Recently, I have seen an uptick in the number of potential clients contacting me to discuss possible pregnancy discrimination.  While it may be a mere coincidence, I believe that I am receiving more questions about pregnancy discrimination claims because, unfortunately, it is a very real problem for employees in the workplace today.

Supervisors (especially male supervisors) oftentimes frown upon an employee needing to take off work for any extended period of time; no matter the reason.  While the Family and Medical Leave Act (FMLA) provides expectant mothers with up to 12 weeks of job protected leave for the birth of a child, what happens when you are not covered by the FMLA?  This is where things can get a little confusing for both employers and employees.

Are all employees guaranteed maternity leave?

No.  In Texas, there is no state or federal law that guarantees maternity leave for all employees.  To be eligible for the 12 weeks of job protected leave under the FMLA, the employer must have 50 or more employees within a 75 mile radius.  That essentially excludes small employers from the FMLA requirements.  Additionally, an employee must have worked for the employer for at least 12 months and at least 1,250 hours during the 12 month period immediately preceding the leave.  Some employers mistakenly offer FMLA leave to their employees despite having fewer than the requisite number of employees.  If your employer offers you FMLA leave, they may ultimately be bound by that offer even though they are not actually covered by the law.

If you work for an employer with between 15 and 74 employees, then you are still guaranteed the protections of the Pregnancy Discrimination Act (PDA).  The PDA protects employees from discrimination on the basis of pregnancy, childbirth, or related medical conditions.  However, the PDA does not guarantee maternity leave.  Under the PDA, employers are currently only ‘required’ to provide leave to employees who are temporarily disabled because of a pregnancy.

If you believe that your employer is discriminating against you because of your pregnancy, or that you may be terminated based on your pregnancy or birth of your child, it is very important to contact an attorney who understands the laws related to pregnancy discrimination.