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.