Accommodations for Pregnant Workers

As an ambitious woman, you’re often striving to balance a healthy professional life, personal life, important relationships, and, if the time comes, pregnancy.

Whether planned or unplanned, pregnancy is a nine-month, full-body effort; it takes an incredible amount of energy to create a new human. And sometimes consistent nausea, vomiting, fatigue, or even the sudden onset of gestational diabetes aren’t conducive to a productive workday.

If you’re pregnant at work and need some flexibility to accommodate your pregnancy-related health issues, you have options.

If you’ve never asked for workplace accommodations before, or simply have questions, we’ve written a guide for expecting women like yourself—so you can keep a steady income during the next nine months.

We want to help you understand:

• The laws that govern workplace accommodations
• Common things you can ask for
• How to make the ask (in a step-by-step guide)
• What to do if you employer says no

In the end, a healthier work environment will benefit both you and your employer. And you’ll be better prepared financially and mentally to begin your maternity leave.

The laws governing pregnancy accommodations

There are three main federal laws that protect pregnant women like yourself. The Pregnancy Discrimination Act, the Americans with Disabilities Act, and the Family and Medical Leave Act.

Pregnancy Discrimination Act

Even if you’ve never considered yourself a minority, you certainly are when you’re pregnant. The Pregnancy Discrimination Act (PDA) was passed in 1978 to protect the rights of pregnant women and “prohibit sex discrimination on the basis of pregnancy”¹

And like in cases of other minority groups, under the PDA, employers are forbidden to discriminate against pregnant employees in any aspect of employment (such as hiring, firing, pay, etc.).²

Employers are expected to make reasonable adjustments to expectations for employees experiencing pregnancy-related medical conditions that prevent them from performing certain tasks. These adjustments could include lighter or alternative work, allowing employees to go on temporary disability, or offer unpaid leave.

Additionally, harassment of a pregnant woman is illegal when its frequency or severity contributes to a hostile work environment.³ Harassment can come from supervisors, colleagues, or even clients.

If you’ve endured a hostile or discriminatory work environment related to your pregnancy, take these two next steps:

1. Keep a detailed journal or log of the incidents
2. File a pregnancy discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s administrative agency

You usually have 180 to 300 days to file a claim, so don’t wait too long to take action.

Americans with Disabilities Act

If your pregnancy keeps you from doing as much or the same kind of work as your non-pregnant self, your condition may be covered under the Americans with Disabilities Act (ADA).

The ADA of 1990 applies to you if

1. You possess a physical or mental impairment that limits major activities in one or more ways
2. You have a record which details your impairment
3. You are regarded as having said impairment

If all of these conditions are met, you have a right to certain workplace accommodations and dispensations.⁴

Remember that all three of these criteria must be met to qualify for protections and benefits under the ADA. So at your next doctor’s appointment, be completely transparent about any possible conditions with your doctor, who may even be able to give you a record of your medical condition on paper. Then communicate this clearly with your employer, to make sure there’s a clear understanding about your health and the accommodations you’ll need to work properly.

The ADA also protects employees with disabilities against discrimination, often in the form of less favorable treatment due to their disability. And, unless doing so would provide undue hardship for your employer, employers are required, by law, to provide reasonable accommodations for both employees and job applicants with disabilities.⁵

Remember, although offhand comments about your pregnancy are not illegal, harassment that results in a hostile work environment or causes an adverse employment decision such as demoting or firing the victim,⁶ most certainly is.

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) was passed in 1993 by former President Clinton. This law entitles eligible employees to up to 12 weeks of unpaid leave to care for a newborn, a sick family member, or themselves (if they have a serious medical condition). FMLA applies to public agencies, local education agencies, and private sector employees with more than 50 employees.

If you use FMLA to go on maternity leave, any group health insurance benefits must be maintained during your leave, and you must be allowed to return to your same or an equivalent job after your leave.⁷

FMLA doesn’t guarantee paid family leave

If you happen to have any European friends, you may be unpleasantly aware that the U.S. is one of the only industrial countries in the world that does not guarantee paid family leave at the federal level.

But don’t pack your backs for Sweden just yet—according to Betterbalance.org, hope for American pregnant workers is growing, especially as technology expands work flexibility.

Nine states (California, Connecticut, Colorado, New Jersey, New York, Massachusetts, Oregon, Rhode Island, and Washington State) and Washington D.C. have already adopted family leave programs that allow workers to take time off work and care for a new baby or a sick loved one with some paid compensation during leave.⁷ And the movement at the state and local level continues to gain traction.

The Family and Medical Insurance Leave Act (FAMILY)

In addition, there is a proposed federal Family and Medical Insurance Leave Act (FAMILY Act) that would begin to fill in the gaps left by 1993’s FMLA.

The FAMILY Act would go further than simply requiring certain employers to provide up to twelve weeks of unpaid maternity leave. It offers an insurance program (funded by coworkers and employers) for employees who need the time off work.⁸

If you want more information, here are some common FAQs about the FAMILY Act.

Ask about your options for leave

Chances are good that your workplace will agree to some sort of family leave, especially if you work for a bigger corporation, and even if they don’t already have standard family leave policies in place.

If options haven’t already been discussed with you after announcing your pregnancy to your employer, ask about your workplace’s maternity leave policies. As you plan for that conversation, prepare to assure your employer that you have a plan for any unfinished work projects and transitions before taking leave.

State and local laws

Of course, pregnancy and parental workplace statutes vary from state to state and even from city to city—so it’s a good idea to research any laws that may affect your state and county. These laws could provide for extra time at work to breastfeed or pump, paid sick days, protection against caregiver discrimination, and equal pay.⁹

Some states will even give parents time off to attend school events or parent-teacher conferences, so don’t let the curiosity of your workplace benefits stop after your baby’s first year!

Common pregnancy accommodations to ask for

Those are the main laws governing pregnancy accommodations in the workplace, but it’s even more important to know what you can actually ask for.

Before any doubts stop you from asking for fair accommodations, remember that a healthy pregnancy is in your employer’s best interest. A healthy staff assures your company of high-quality labor, better employee retention and satisfaction, and protects them against liabilities. It could be helpful to remind your employer that “this is as much for you as it is for me.”

A few common pregnancy accommodations include:

• Shift changes to go to doctor’s appointments,
• Time to sit when you’d otherwise stand,
• Possible work-from-home hours or telecommuting,
• A restricted amount of risky activity such as heavy lifting

Gather your advocates

Of course, you know yourself better than your employer does, and what may be accommodating for you may not be enough for the next pregnant woman, depending on the circumstances of her pregnancy. As a precaution, talk to your doctor and even a trusted friend or family member to assess what your medical needs are.

A doctor’s note should not be necessary, but having one on hand or in your employee file may help your case (as well as your peace of mind).

In a worst case scenario, (where unforeseen pregnancy complications keep you home or even bedbound), you may take more time off work than anticipated. But having a supportive network to back you up, your doctor and family included, can prevent isolation and the fear of having to advocate alone for yourself.

For a more detailed list of possible workplace accommodations, check out this chart compiled by UC Hastings College of the Law.

A step-by-step guide to requesting accommodations

A woman asking for pregnancy accommodations at work is kind of like snow in Southern California—it happens, but people don’t usually know what to do next when it does. Asking for employers to accommodate your situation may even feel like “special treatment,” making it even more uncomfortable. But by following a few simple steps, you won’t have to feel awkward or out of place (leave that to the snowflakes in South Pasadena).

1. Know your rights and have the means to back them up.

Do as much research as you can about your workplace’s policies as well as any local, state, and federal laws regarding pregnant women and mothers.

As you research, write out any relevant workplace policies, local and state laws, and federal laws on a single document for reference. And if you have more questions, consider reaching out to your company’s human resources department.

2. Arrange a time to talk with your employer, and stick with it.

You may feel more confident about asking for workplace accommodations if you schedule a time that works for both yourself and your boss. This is a discussion to have earnestly and rationally, without feeling rushed. Plus, taking the initiative to meet one-on-one shows your employer that you don’t let the important stuff slide.

If you still haven’t broken the news of your pregnancy to your employer and are wondering how to navigate the conversation, check out our article on how to tell your boss you’re pregnant.

3. Use a concise proposal, and be open to negotiations.

When you ask for accommodations, have a certain initiating sentence in your head such as

“Due to my pregnancy, I am experiencing severe morning sickness, which makes it difficult to answer lots of phone calls in the morning. I would like to request…”

You should explain:

1. Your pregnancy-related condition
2. Why it makes certain work tasks difficult
3. And the specific workplace accommodation you need

You shouldn’t feel obliged to justify your request with statements like “I’ve worked here for so long, and I deserve these privileges,” or “Under New York law, I am entitled to…” Your pregnancy and current health issues should be enough to justify your petition.

Make it also clear that you’re open to discussing how to make these accommodations possible for your employer and coworkers (especially if you’re currently working on team projects).

4. Don’t settle for anything less than accommodating.

This step is probably the hardest. After all, you’ve approached your employer in compromised health and in need of accommodations. But don’t let that stop you from receiving the help you need to continue working productively while feeling your best.

Involving Legal Aid

If your boss attempts to negotiate or compromise your request to a point that would create a hostile work environment (where you’re genuinely unable to get your work done), remind him or her that such actions could be qualified as discriminatory.

You shouldn’t have to bring up specific laws to justify your request, but in the event that you do, consider addressing them in a formal letter or email. This will give you time to refer to the list of laws and policies you drafted earlier, stating your pregnant employee rights and providing legal sources to your employer.

5. Thank your employer, and set a positive precedent for the future.

If your employer grants your requests, thank them for working with you. Then continue to show, through your honest work ethic, that accommodating pregnant workers is a positive influence in the workplace. You may even set a wonderful precedent for the next pregnant employee who needs workplace flexibility!

If your employer says “no”

If you’re in a situation where your boss denies you any accommodations:

• Consider submitting documentation of your pregnancy-related condition from a medical provider
• Ask if there is an alternative accommodation that would be considered “reasonable” and not pose “undue hardship” for your employer

Here are more reasons an employer may deny your request for an accommodation, according to the Office of Disability Rights (ODR). If you still believe you’ve been wrongly denied an accommodation, here are some steps you can take, as recommended by the ODR:

• Request reconsideration by your company
• File a complaint with the your company’s EEO Counselor or ADA Coordinator
• File a complaint with the DC Office of Disability Rights
• File a complaint with the DC Office of Human Rights
• File a complaint with the federal Equal Employment Opportunity Commission (EEOC)¹⁰

Throughout the process, be sure to maintain a professional tone, even if you decide to take legal action.

Through your intentionality and professional approach to requesting accommodations, you’ll encourage your employer to allow women the flexibility they need; the flexibility to put their families first while also prioritizing their careers and rewarding loyalty to good companies.

Pregnancy accommodations during COVID

Expectant moms experience fluctuations in their immune systems during pregnancy. Your workplace should understand if you feel uncomfortable going to work twenty-four hours after a COVID-positive client has entered the facility, or if you use a few more sanitizing wipes than your co-workers.

Employers should assure workplace safety for all their employees and embrace the necessary measures to do so. If you want to request a pregnancy accommodation related to a COVID concern, follow the previous steps to ask your employer.

Most companies have already adopted COVID-related health policies. But because the pandemic remains an “unprecedented” situation, this is new territory for employees and employers alike.

Conclusion

As a pregnant employee, you have legal rights to accommodations both during and after pregnancy.

The Pregnancy Discrimination Act, Americans with Disabilites Act, and the Family and Medical Leave Act, exist to ensure workplace safety, protection against discrimination, reasonable accommodations, and due work leave (however limited) once your baby is born.

When you’re ready to request an accommodation at your workplace, research your rights and company policies, schedule an appointment with your employer, make your request directly and concisely, don’t settle for anything less than obliging, and thank your boss for any granted requests. With your actions, you may also be giving future pregnant employees the confidence to do the same.

Both pregnancy and working a 9-to-5 come with their stresses, but by demanding to be treated with dignity in your workplace, balancing work and pregnancy can become a little more manageable. And companies will recognize that accommodating pregnant employees is not just nice, it’s good business.

At She Might, we know that requesting pregnancy-related accommodations is only one step on your journey to maternity leave. That’s why we wrote the Ultimate Maternity Leave Roadmap to help you keep your career on track. This roadmap outlines everything you need to plan a quality maternity leave your boss will love (and you will too).