Know Your Rights: Pregnancy
Federal Law
As of June 27, 2023, the Federal Pregnant Workers Fairness Act went into effect, giving workers across the country the right to reasonable pregnancy accommodations in the workplace. This federal law applies to federal employees and private sector companies with 15 or more employees, regardless of the state where they work.
Another new federal law, the PUMP ACT (effective as of the end of December 2022), extends federal breastfeeding protections to salaried workers and others who are considered exempt under the federal Fair Labor Standards Act.
Where are you Employed?
Your rights and benefits are dependent on where you work, rather than where you live.
Washington D.C.
All D.C. employers must provide reasonable accommodations to women whose ability to work is affected by pregnancy, childbirth, a related medical condition, or breastfeeding.
Covered medical conditions include post-partum depression and miscarriage.
“Reasonable accommodations” may include (but are not limited to):
More frequent or longer breaks;
Acquisition or modification of equipment or seating;
Temporary transfer to a less strenuous or hazardous position, or light duty, or a modified work schedule;
Having the employee refrain from heavy lifting or assistance with manual labor;
Relocating the employee’s work area;
Providing private (non-bathroom) space for expressing breast milk;
Unpaid time off, including for prenatal appointments.
All women covered under these laws also have the right to time off to recover from childbirth, as recommended by a medical provider, even if not covered by the DCFMLA/FMLA.
Your employer is required to engage in a “timely, good faith interactive process” with you when you request your accommodations to figure out if they are reasonable or to identify mutually agreed upon alternatives.
Your employer is prohibited from firing, demoting, or refusing to promote you because you request or use a reasonable accommodation and must reinstate you to your original job or to an equivalent position once you no longer require accommodation.
Your employer is required to notify you about your right to accommodations and protection from discrimination.
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Maryland
Under Maryland state law, you may have a right to a reasonable accommodation if you have a disability “caused or contributed to by pregnancy or childbirth.”
“Reasonable accommodations” may include:
Changing the employee's job duties
Changing the employee's work hours;
Relocating the employee's work area;
Providing mechanical or electrical aids;
Transferring the employee to a less strenuous or less hazardous position; or
Providing leave.
Your employer is prohibited from firing, demoting, or refusing to promote you because you request or use a reasonable accommodation and must reinstate you to your original job or to an equivalent position once you no longer require accommodation.
Your employer is required to notify you about your right to accommodations and protection from discrimination.
Virginia
Virginia employers with five or more employees must provide reasonable accommodations to women whose ability to work is affected by pregnancy, childbirth, a related medical condition, or breastfeeding.
Covered medical conditions include post-partum depression and miscarriage.
“Reasonable accommodations” may include (but are not limited to):
More frequent or longer breaks;
Acquisition or modification of equipment or seating;
Temporary transfer to a less strenuous or hazardous position, or light duty, or a modified work schedule;
Having the employee refrain from heavy lifting or assistance with manual labor;
Relocating the employee’s work area;
Providing private (non-bathroom) space for expressing breast milk;
Unpaid time off, including for prenatal appointments.
All women covered under these laws also have the right to time off to recover from childbirth, as recommended by a medical provider, even if not covered by the FMLA.
Your employer is required to engage in a “timely, good faith interactive process” with you when you request your accommodations to figure out if they are reasonable or to identify mutually agreed upon alternatives.
Your employer is prohibited from firing, demoting, or refusing to promote you because you request or use a reasonable accommodation and must reinstate you to your original job or to an equivalent position once you no longer require accommodation.
Your employer is required to notify you about your right to accommodations and protection from discrimination.