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Benefits During Pregnancy: Anti-Discrimination Rules


  • The decision as to whether payment for pregnancy disability leave will be given must be in accord with policies governing other forms of disability leave; if paid leave is provided for workers with other disabilities, the employer must provide pregnant workers with paid leave for their actual disability due to pregnancy and related childbirth.

  • Time restrictions based on pregnancy-related leaves (e.g., that pregnancy leaves not exceed four months) must be reasonable and job-related; if not, they may be illegal. Also, employers are generally required to provide disability benefits for as long as a pregnant woman is unable to work for medical reasons.

  • It is illegal to place pregnant workers on involuntary sick leave if the company has no policy of placing workers with other forms of disabilities on involuntary leave; if a worker is physically able to work, the company cannot force her to leave merely because she is pregnant.

  • An employer cannot refuse to hire a pregnant worker because it does not want to find a replacement when the employee takes a leave to give birth if her skills and qualifications meet or exceed those of other applicants.

  • Women who take maternity leave must be reinstated under the same conditions as employees who return from leaves for other disabilities. For example, if an employer reinstates a worker who was absent from work due to a case of chronic bronchitis, the employer must reinstate a worker after childbirth to avoid violating Title VII.

  • If an employer accommodates partially disabled workers who cannot perform certain job assignments (such as lifting heavy objects because of a strained back), the employer is obligated to make similar arrangements for a pregnant worker.

  • Employers cannot limit pregnancy disability benefits to married employees. Federal law states it is illegal to fire female workers who get married if the employer does not fire male workers who get married. Many state laws have gone even further to protect women; statutes have been enacted that prohibit employers from making any adverse decisions on the basis of a person's marital status even if the employer applies its policies equally to males and females.

Copyright 1998 Steven M. Sack

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