Employers cannot treat pregnancy-related disability or maternity leave differently from the way they treat other forms of disability or leaves of absence. To do so violates both federal and state discrimination laws. The Pregnancy Discrimination Act of 1978, an amendment to Title VII of the federal Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth, and related medical conditions. The law requires employers to review their health, disability, insurance, sick leave, benefit, job reinstatement, and seniority policies to ensure that they treat pregnancy-related disability and maternity leaves of absence the same as other temporary absences for physical disabilities.

The following general rules illustrate what employers may and may not do in this area:

• Employees who are on maternity leave (defined as the child-care period commencing after disability from the pregnancy and birth has ended) are entitled to accrue seniority, automatic pay increases, and vacation time on the same basis as other employees on medical leave.

• Employers may not require pregnant workers to exhaust vacation benefits unless all temporarily disabled workers are required to do the same.

• Employers may require a physical examination and doctor's certification of ability to return to work only if such is required of all temporarily disabled workers.

• Although employers may require workers to give notice of a pregnancy, such requirement must serve a legitimate business purpose and must not be used to restrict the employee's job opportunities.

• Employers are prohibited from discriminating in hiring, promotion, and firing decisions on the basis of pregnancy or because of an abortion.

• After a birth, an employer cannot prohibit a woman from returning to work sooner than company policy dictates.

• Employers are barred from forcing pregnant workers to take mandatory maternity leaves (i.e., forcing a woman to leave work against her wishes in anticipation of giving birth) as long as the employee is able to do her job.

• 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.

• At the hiring interview, you cannot be asked questions about childbearing plans or pregnancy.

• Employers are not allowed to ask a pregnant employee to choose between a lower-level job and resignation.

(Author's Note: The above rules may not apply, depending on the law and the particular facts and circumstances of your case. Always consult an experienced employment lawyer for advice and guidance where applicable.)

Thousands of pregnancy-related discrimination lawsuits are filed each year; the kind of mistreatment varies. For example, in one recent reported case, six workers who said they were laid off after asking for lighter duties because of pregnancy sued their employer in Federal District Court. One of the plaintiffs, a train operator, asked for light-duty assignment when she announced her pregnancy. According to the court papers, she was then placed on involuntary unpaid leave despite the fact that she was ready, willing, and able to continue working and that appropriate work was available. The suit also charged that the women who were laid off were unable to collect unemployment insurance because the employer advised the Unemployment Insurance Department that they had gone on voluntary leaves. The employer argued that no employee is allowed to remain on light duty longer than 14 days, whether pregnant or disabled by any other condition.