What to Expect When Your Employee Is Expecting

In 1978, Congress passed the Pregnancy Discrimination Act (PDA), amending Title VII to prohibit employers from discriminating against female employees or job applicants based on pregnancy, childbirth, or related medical conditions. Note: these materials are excerpted from an HR Hero white paper.

If your company has more than 15 employees, the PDA prohibits you from:

• Refusing to hire a woman because she is pregnant
• Firing or forcing a worker to leave because she’s pregnant

In addition:

• A pregnant employee must be allowed to keep her job as long as she is able to perform her duties
• You cannot regulate how much time an employee must take off work either before or after childbirth if she is able to do her job.
• You must treat a female employee who has recently had a baby the same as other employees dealing with other types of medical conditions
• You may not take away credit for previous years worked, accrued retirement benefits, or seniority because of maternity leave
• You may not fire or refuse to hire a woman because she has had an abortion.

What should you do if an employee’s pregnancy prevents her from performing all of her job duties?

You must treat an employee who has recently given birth at least as well as you treat other workers who cannot do their jobs for a short period of time. For example, if you permit a worker to go on paid or unpaid leave because of a heart attack or a broken leg, you must offer that arrangement to a worker who needs time off for childbirth (or pregnancy).

Also, you must hold the new mom’s job for her at least as long as you would hold open a position for an employee who is out on sick or disability leave.

If your company offers other workers easier duties for a limited time when they cannot do their regular jobs, then you must offer the same accommodation to pregnant workers.

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Some things to consider when dealing with a pregnant employee:

When It Comes to Discipline, Don’t Let Managers Go It Alone

HR should help supervisors and managers who are dealing with an employee in a protected class, particularly if the potential for litigation is high. If necessary, call in your lawyer.

Use Progressive Discipline

Especially in a protected class situation, it makes sense to go slowly and provide ample warning of performance deficiencies to the employee before resorting to termination.

Invite Input on Accommodations

Ask the employee to provide input from her health care provider when a disability or medical impairment is involved. Let the employee know you want to work with her to implement suggested accommodations.

Be Consistent

The PDA doesn’t afford special treatment to pregnant employees, just consistent treatment. You must treat pregnant employees—or other protected-class employees—the same way you have treated non-protected-class employees in the past.

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Document Everything

Document your efforts to accommodate pregnant employees. Document performance issues and the progressive discipline process. Document the employee’s response to offers of accommodation. Finally, document the termination process.

In tomorrow’s Advisor, FMLA and pregnancy, nursing requirements, and some very good news—your policies are written, updated, and ready to go.

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