Laws protecting pregnant women and parents

There are quite a few laws protecting pregnant women, breastfeeding moms, and parents seeking to take time off to bond with a baby. This pages gives you an overview over these laws, and points you to the government websites covering them in more detail. This information neither constitutes nor is it intended to substitute legal advice – it is for information purposes only. You should contact an attorney to obtain advice with respect to any particular issue or problem before taking any action.

Pregnancy Discrimination Act

This federal law from 1978 amended Title VII of the Civil Rights Act of 1964 and prohibits discrimination on the basis of pregnancy. The law applies to employers with 15 or more employees and includes all aspects of a job including but not limited to hiring, firing, pay, fringe benefits and health insurance. Under the Act, pregnant women have the right to be treated the same as disabled employees. The U.S. Equal Employment Opportunity Commission (EEOC) describes the protections provided under this Act: https://www.eeoc.gov/facts/fs-preg.html

Americans with Disabilities Act (ADA) Amendments Act

This federal law from 2008 requires employers to provide reasonable accommodation for pregnancy-related conditions that could qualify as disabilities unless this would be an undue hardship for that employer. The U.S. Equal Employment Opportunity Commission (EEOC) describes the protections provided under this Act: https://www.eeoc.gov/laws/types/disability.cfm

Preventative services your insurance has to cover for free

In 2010, the Patient Protection and Affordable Care Act (“Obamacare”) mandated that 63 distinct preventive services must be covered by health insurance plans without copay, co-insurance or deductible as long as the services are provided by an in-network provider. Some employer health plans may be excluded from that coverage mandate if they were grandfathered in, so make sure to check with your employer. The National Conference of State Legislature (NCSL) provides the list of these 63 preventive services here: http://www.ncsl.org/research/health/american-health-benefit-exchanges-b.aspx

Newborns’ and Mothers’ Health Protection Act (NMHPA)

This federal law from 1996 guarantees mothers and their newborn babies a 48-hour hospital stay in case of a vaginal birth and a 96-hour hospital stay for delivery by cesarean section. The time starts at the time of birth, not the time the hospital admits the pregnant mother. There are some exclusions to this law though, for example if you are insured under a group health plan by your employer and that plan started before 1998. In case your health insurance is under a company health plan, you should check with your employer to verify your plan coverage details. If you are self-insured you should check with the State Insurance Commissioner’s Office of the state you live in, or speak with your insurance company. The Department of Labor (DoL) has some more details on this law here: https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/nmhpa

State breastfeeding laws allow breastfeeding in public

Breastfeeding a newborn many times a day can be strenuous, especially if moms continuously need to find a private place to do so, or if they feel the need to cover up for something that is natural and recommended by the CDC as being the best nutrition for a newborn. Fortunately, it is legal to breastfeed in any public or private location in all fifty states, the District of Columbia, Puerto Rico and the Virgin Islands. In addition to that, many states have laws that exempt breastfeeding from public indecency laws, some have implemented breastfeeding awareness campaigns, and some have laws that exempt breastfeeding mothers from jury duty or allow jury duty to be postponed. The National Conference of State Legislature (NCSL) describes which states have what protections and links to the respective statutes for each state here: http://www.ncsl.org/research/health/breastfeeding-state-laws.aspx

Break time for mothers expressing breastmilk

In 2010, the Patient Protection and Affordable Care Act (“Obamacare”) amended the Fair Labor Standards Act (FLSA). All companies covered under the FLSA are required to provide:

• “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express the milk” and
• “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”

Only employers with fewer than 50 employees that can also show these requirements would impose an undue hardship to them may not have to comply with it. The U.S. Department of Labor (DoL) has more information here: https://www.dol.gov/whd/nursingmothers/

Family and Medical Leave Act (FMLA)

This federal law from 1993 allows a parent to take 12 weeks of leave in a 12-month period to bond with a new child, care for a family member (spouse, son, daughter or parent) who has a serious health condition, or due to one’s own serious health condition. The Act applies to all public agencies and private sector employers with 50 or more employees.

FMLA leave is generally unpaid, unless the employee has accumulated paid vacation time that can be used as part of the FMLA leave. Employers are required to continue group health insurance benefits for employees on FMLA leave as if they were not on leave. FMLA leave does not protect an employee from actions that would have affected the employee if not on FMLA leave.

At the end of the FMLA leave, the employee has the right to be restored to the same or an equivalent job with equivalent pay. A “key” employee, who is among the highest-paid 10 percent of all the employer’s employees within 75 miles, might be denied that restoration under certain circumstances.

Eligibility for FMLA leave:

• The employee must have worked for the employer for 12 months, but not necessarily consecutively
• The employee must have had 1,250 hours of service in the 12-months directly preceding the leave, and
• The employer needs to have 50 or more employees within a 75-mile radius

The Department of Labor (DoL) describes the details of the FMLA Act: https://www.dol.gov/whd/regs/compliance/whdfs28.htm

Unpaid family leave state laws

Many states have their own family and medical leave laws that expand the federal FMLA protections. These laws typically expand the amount of unpaid leave available to employees or the group of people for whom leave can be taken. The National Conference of State Legislatures gives a great overview over the state family and medical leave laws: http://www.ncsl.org/research/labor-and-employment/state-family-and-medical-leave-laws.aspx

Paid family leave state laws

California, Colorado, Connecticut, Massachusetts, Maryland, New Jersey, New York, Oregon, Rhode Island, and Washington—and the District of Columbia currently offer paid family and medical leave.

The National Conference of State Legislatures (NCSL) links to the actual state laws on paid family leave here: http://www.ncsl.org/research/labor-and-employment/paid-family-leave-resources.aspx

Temporary handicap parking permit

If you have problems walking far during the last few months of your pregnancy, or during your recovery after giving birth, you may be able to apply for a temporary handicap parking permit. It usually requires a certification from your doctor, and can be valid up to 6 months depending on your doctor’s discretion. Some states also allow parking with a handicap permit in on-street metered parking spots at no charge. While some people feel that pregnancy is not a disability and hence pregnant woman should not use this, the recovery after birth can be very difficult depending on your circumstances and is recognized as a short-term disability. If you and your doctor feel that it may help you during your pregnancy or recovery, check the process to apply with the DMV or Secretary of State office in your state.

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