Pregnancy at Work: Your Basic Protections

Pregnancy can bring changes at work, such as medical appointments, physical limits, or a need for more breaks. Many workers want to keep their job while managing a pregnancy, and some worry about how an employer will respond. Federal and state laws include protections for pregnant workers, but the rules can be complicated, and they depend on the employer's size and the state where you work.

This guide describes the general protections and the questions to ask. It does not analyze any specific workplace.

Pregnancy discrimination under federal law

The federal Equal Employment Opportunity Commission, or EEOC, enforces laws that prohibit sex discrimination at work. The agency's guidance states that sex discrimination includes pregnancy. That means an employer generally cannot treat a worker unfairly in hiring, pay, promotion, job assignments, or firing because of pregnancy, childbirth, or related medical conditions.

Pregnancy discrimination can take many forms. It may involve a reduced schedule that was not requested, a change in duties without a reason, or comments that suggest a worker is less committed because of a pregnancy. Each situation is different, so it helps to write down what happened, who was involved, and when.

Accommodations for pregnancy

A separate federal law, the Pregnant Workers Fairness Act, addresses reasonable accommodations for known limitations related to pregnancy, childbirth, and related conditions. Examples can include more frequent breaks, a stool to sit on, water access, or a modified schedule for appointments. The employer generally has to discuss reasonable options with the worker.

Many accommodation disputes turn on whether the request was clear, whether the employer responded, and whether the proposed solution was reasonable. Put requests in writing when you can. Include what you need, why you need it, and any medical guidance you received. Keep copies of the employer's responses.

Leave and job protection

Some pregnant workers may be eligible for leave through federal or state programs. Eligibility rules depend on the employer's size, the worker's length of service, and the reason for leave. Some states also have their own leave programs, and some cities have additional requirements. Because these rules are so specific, ask your employer's human resources team or a lawyer what applies to you.

If you are eligible for protected leave, ask how the leave affects your job and benefits. Find out whether your position will be held, and what happens to health insurance during the leave. Save written confirmations of the leave dates and terms.

State and local protections

State and local laws may add protections beyond federal law. Some apply to smaller employers, cover more kinds of accommodations, or require specific notices. Others address breastfeeding or lactation breaks at work. A state agency may handle complaints under its own rules, and the deadlines can differ from federal deadlines.

Because state and local rules vary, the same situation may have different outcomes in different places. A lawyer can explain which laws apply to your workplace and what remedies they allow.

Filing a complaint

Under most federal employment laws enforced by the EEOC, a worker must file a charge of discrimination before filing a lawsuit. The EEOC explains how to file online and says that charges must be filed within time limits set by law. If a deadline is close, the EEOC's public portal provides directions for filing quickly.

Many states have their own agencies for discrimination complaints. A charge filed with a state agency may also be treated as filed with the EEOC when federal law applies. Ask a lawyer which agency or agencies to use, and do not assume that one filing covers every claim.

Records to keep

Keep documents that show what happened and when. Useful records include job descriptions, schedules, performance reviews, emails and text messages about pregnancy or accommodations, doctor's notes, and any written responses from the employer. Note the names of people who made or discussed key decisions.

Write a short timeline while the details are fresh. Include the date you told your employer about the pregnancy, the date you asked for an accommodation, and each later change in your hours, duties, or pay.

What to ask a lawyer

Ask whether your employer is covered by the federal and state laws that may apply. Ask how the lawyer evaluates pregnancy-related claims and what evidence would matter most. Ask which agency is the right place to start, and whether there are deadlines that need attention right away.

Ask how fees are set, including whether the lawyer uses an hourly rate, a flat fee for a defined task, or a contingency fee. Ask which costs are separate. Get the agreement in writing, and check the lawyer's license with the state bar before you sign.

The employment practice area covers many workplace issues, including discrimination and leave. For general government information on jobs and labor laws, the USAGov website is a helpful starting point.

Free and low-cost help

Legal aid organizations may help workers with limited income. The USAGov website lists resources for finding legal help. The EEOC also offers information for workers who are considering a complaint. Some workers consult a union representative or a worker advocacy group, depending on their workplace.

Acting early can help preserve options. If you have a question about a deadline or a leave request, ask for advice before the situation gets worse.

Frequently asked questions

Can an employer ask me to take leave when I am pregnant?

An employer may discuss options and may require a medical certification in some situations, but it generally cannot force a worker to take leave without a legitimate reason. Ask a lawyer how the rules apply in your state.

Does a pregnancy protection apply to small employers?

Coverage depends on the federal or state law and on the number of employees. Some protections apply to small employers, while others apply only to larger ones. Check the rule that matters for your claim.

What if my employer reduced my hours after I told them about my pregnancy?

A reduction in hours can raise legal questions, especially if it was not requested by you and was not based on a neutral reason. Document the change, ask for the reason in writing, and speak with a lawyer about your options.

Related: Browse guides on legal topics and employment law.

General information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.