Employment Challenges for Pregnant Workers: Legal Protections and Intermittent Leave Options

Being pregnant or a new mother can present unique challenges in the workplace, especially when it comes to job security and maternity leave. It's important to understand the legal protections and options available to you to navigate these hurdles effectively.

Employer Misconduct and Legal Recourse

Unfortunately, despite the awareness that employers should not discriminate against pregnant employees, many still actively seek reasons to terminate them. However, an employer's attempt to fire a pregnant employee will likely fail if it is found to be a pretext for discrimination, such as being labelled as “performance issues” or “redundancy.”

Employers often do this because they are aware that the mother will eventually take time off to care for her child, and they want to avoid paying unemployment compensation. However, regardless of your situation, it's crucial to document every instance of potential discrimination and have witnesses to back your claims. If you are dismissed, it might be grounds for a lawsuit against the employer.

Financial Considerations: The Cost of Raising a Child

The financial burden of raising a child, especially with the high cost of daycare, can significantly impact a family's decision to work or stay at home. Decent daycare for newborns can run anywhere from $1.5k to $2k per month. The financial strain is real, and it can make it difficult for some parents to continue working even if they want to.

For instance, if you are taking home $2k after taxes, and you need to pay $2k for daycare, it becomes evident why many women choose to stay at home. If your salary is below the cost of daycare, it's likely that the employer knows you will need to leave your job sooner or later. Therefore, securing a position that allows for flexibility or providing your own childcare (such as a family member) can be crucial.

Interruption of Employment Through Intermittent Leave

The Family and Medical Leave Act (FMLA) provides pregnant women with the right to take intermittent leave, which means they can take shorter, more manageable periods of leave rather than a lengthy, continuous absence. This can be particularly useful if you need to take care of yourself or your growing baby, but also if you need to attend prenatal appointments.

It's important to discuss your options and eligibility for FMLA with your Human Resources department. Many companies have their own policies to cover such leave. You should explore these options and ensure you understand the rules and requirements.

Discrimination in the Workplace

The challenges faced by pregnant women and new mothers extend beyond just employment. Black, Indigenous, and People of Color (BIPOC), as well as members of other racial minorities, LGBTQ individuals, and older workers, have long been victims of workplace discrimination. However, research shows that pregnant women and new mothers face the highest levels of job discrimination.

Employers often view childbirth as a transition that will affect a woman's reliability and commitment to the job. This can create a damaging stigma where women feel pressured to hide their pregnancy until their return to work. Even after giving birth, it can be beneficial to avoid revealing your new baby to a potential new employer to avoid any preconceived notions about prioritizing family over work.

Advocating for Yourself and Exploring Intermittent Leave

To navigate the complexities of employment during pregnancy, it's essential to consult with your HR department about your rights and options. Discussing the possibility of an "intermittent" leave of absence under the FMLA can provide some relief and flexibility. Make sure to gather all necessary documentation and keep communication with your employer open and transparent.

Finally, advocating for yourself and understanding your legal rights can empower you to handle these challenges more effectively. If you find yourself facing discrimination or termination, consider seeking legal advice to protect your rights and maintain your job security.