Nothing is quite as exciting as expecting a baby. Most people will be thrilled to share a piece of your joy when you announce the happy news, but your employer could be a tricky exception.
Are you worried that you may face pregnancy discrimination when you announce your pregnancy? Today, we'll explore pregnant women's rights at work in both the United States and Great Britain. We will also discuss how best to inform your employer that you are pregnant, and what to do if your rights are breached.
Good employers will be quite aware that a large part of their valued and trusted workforce will have babies. Their female employees are quite likely to, at some point, get pregnant, take time off work for prenatal appointments, and go on maternity leave. Good employers understand that this time won't take forever, and that it's perfectly possible to balance parenthood with your work life.
Unfortunately, there is only so much you can do to predict how your employer is going to react to your pregnancy, and employers in different fields have different views on women taking maternity leave. Knowing your rights will give you the chance to protect yourself.
US Labor Laws And Pregnancy Discrimination
In the United States, pregnant employees and pregnant women applying for a job are protected under the Pregnancy Discrimination Act (PDA). The PDA makes it illegal for employers to treat current or potential employees differently just because they are pregnant. It covers the obvious — hiring and firing, lay offs, promotions and training, but extends to health benefits and job assignments too. It is also illegal to harass women who are expecting a baby to cause them to voluntarily quit their jobs.
The PDA forces employers to treat pregnant women whose pregnancy makes them “temporarily disabled” the same as employees who are temporarily disabled for any other reason. Pregnant women suffering from certain pregnancy-related health problems such as gestational diabetes are also protected under the Americans with Disabilities Act. If you're currently pregnant and facing problems at work because of a complication, reading this act pays off.
Yet a different law — the Family and Medical Leave Act — gives employees who have worked for the same employer for at least a year the right to 12 weeks maternity leave. This leave may be paid or unpaid, depending on your particular employer's policy. In many cases, you can earn paid maternity leave if you have worked for the same employer for a certain amount of time.
You can file at any of the EEOC's 53 field offices across the United States, and it will help if you bring any supporting documents or other evidence you may have with you. The procedure to follow depends on whether or not you are a federal employee.
It is best to try to solve any conflict you have directly with your employer first, before you decide to file a claim. You may find that this is easier once you mention the possibility of taking up a case with the EEOC. Don't make threats, but do make it clear that you are willing to stand up for your legal rights.
How likely are you to experience pregnancy discrimination? That depends on your employer entirely — and you probably have a good idea of how your boss will react to the news of your pregnancy. I'd advise you to be optimistic to start with. Most companies will be happy for you when you announce you are pregnant, and will welcome you back to your old job after your maternity leave ends.
Employment Rights For Pregnant Brits
In the United Kingdom, pregnant employees have a wide variety of rights. These rights are covered by a range of labor laws (don't be annoyed by the American English we use here on SteadyHealth!). While your rights to statutory maternity leave depend on your status — worker vs employee — everyone doing paid work has some basic rights.
Every woman has the right not to be discriminated against, treated unfairly, or dismissed because of a pregnancy. Legally speaking, a potential employer has no right not to hire you because of a pregnancy — this is something else that would fall under this category. For more information about these rights, you should refer to the Equality Act 2006 and the Employment Rights Act 1996.
Pregnant employees also have the right to paid time off to attend prenatal (antenatal) appointments and related medical events. This includes childbirth classes, as long as they were recommended by your midwife. Your employer also has a legal duty to make reasonable accommodations for you while you are pregnant, to help you avoid tasks that could pose a risk to you or your baby such as heavy lifting or being on your feet all day. The same laws mentioned above would apply here, and you may additionally be interested in checking out the Disability Discrimination Act 1995.
Finally, you have the right to maternity leave — and in most cases the right to paid maternity leave. Your right to paid maternity leave is determined by your employment status, and the length of your employment. Permanent employees are entitled to paid maternity leave once they have been employed for 12 months. They are, however, required to inform their employer that they are pregnant by 15 weeks of pregnancy. Ordinary maternity leave lasts 26 weeks, and additional maternity leave of a further 26 weeks is unpaid. (That's an awful lot more than your counterparts across the pond get!)
Pregnant women who believe they have been unfairly treated at work can take many steps to resolve conflicts with their employer. Those who are members of a trade union will find that their union is the best place to seek advice and practical help. ACAS, the Advisory, Conciliation and Arbitration Service, is another great resource for women who were treated unfairly at work due to a pregnancy. Hopefully, you can come to a mutual agreement through mediation. If this is not possible you can take your case to an employment tribunal. You can represent yourself, but will generally find that it is better if your trade union appoints a lawyer.
You may a little worried about announcing your pregnancy. Many women prefer to wait until the first trimester has passed, and the odds of miscarriage go down drastically. The law says that you need to inform your employer about your pregnancy early on for a reason, though — it's so that they can prepare for your maternity leave on time, and to find someone else to take your place while you are looking after your little one. If you are really anxious, you may like to know that you are allowed to take a witness (a colleague or trade union rep) to attend any formal meeting you have with your boss regarding your employment.
Maternity Rights In Other Countries
SteadyHealth readers come from countries throughout the world. What should you do if you are expecting a baby and want to find out what your rights at work are in your country? How should you react if you believe you have been discriminated against solely because of your pregnancy?
When researching your rights, the internet is your quickest and often most effective resource. Make sure you stick to official websites run by government agencies. Find the what the laws relating to employment rights and pregnant women are called in your country. In most cases, you can download laws in their entirety for free. Don't be afraid to read the law itself — it is, as the primary source, the most powerful document you can find. You can also look for case law to see examples of similar cases, and their outcomes.
Where can you get help to enforce your rights? Depending on the country, you may get assistance from government agencies, women's rights groups, or legal aid organizations. While trade unions are a wonderful resource in many countries, you do generally have to be a member already to benefit from their services.