Pregnancy Discrimination and Medical Leave
This Q&A is intended to provide general information about pregnancy leave, medical leave, and discrimination laws. It is not intended to provide legal advice or guidance as to whether such laws apply to you. Advice can only be provided by a qualified attorney, and then only after he or she has carefully reviewed the facts of your situation.
Can I be fired just because I am pregnant?
NO. For employers with eight employees or more, Washington law protects women against discrimination based on pregnancy, even if they experience complications that make it difficult or impossible to work while pregnant.
Can my employer force me to take leave because I am pregnant?
NO. An employer cannot force an employee to take time off simply because she is pregnant or gives birth, so long as she can perform her job.
Can I request an accommodation if my doctor thinks I need one?
YES. If your doctor recommends work restrictions or modifications to your job, such as a lifting restriction, allowing frequent access to water, or taking regular breaks, you can request an accommodation. Under most circumstances, your employer is required to grant you reasonable accommodations that it would ordinarily give to non-pregnant workers with a similar restriction.
Do I have a right to time off to give birth and recover from childbirth?
YES. For employers with eight employees or more, Washington law provides for a reasonable amount of time off for a woman to have her baby and recover from childbirth. This leave period is usually six to eight weeks, depending on doctor recommendations.
If your employer has 50 employees or more, you have worked for at least 12 months, and you have worked at least 1,250 hours in the past 12 months, you may have a right to up to 18 weeks of leave. If you have pregnancy or childbirth-related complications, your employer may be required to provide you additional time off.
Do I get paid while I’m on leave from work?
MAYBE. Your employer is not required to pay you while you are on leave, but some employers do, and some short term disability plans provide for payment while on leave.
What happens to my health care benefits while I am on leave from work?
If your employer has 50 employees or more, you have worked for at least 12 months, and you have worked at least 1,250 hours in the past 12 months, your employer is required to maintain your health insurance coverage on the same terms as if you continued to work. If you are normally required to make co-payments you must continue to do so during your leave.
What if my employer thinks I can’t be a good employee and a good mother?
It is unlawful for an employer to act on gender-based stereotypes. For example, it is unlawful for an employer to deny job opportunities to women, but not to men, with young children. It is also unlawful to reassign a woman who has recently returned from maternity leave to less desirable work, based on the assumption that, as a new mother, she will be less committed to her job or unable to devote sufficient time to it.
What about pumping? Can I ask for a private place to pump?
YES, if you are eligible for overtime pay, your employer is required to provide you with reasonable break time to express milk, and a private place to do so that is not a bathroom. To find out whether you are eligible for overtime, click HERE.
What if I am not a U.S. citizen? Am I still protected?
YES. Pregnancy laws cover all employees, regardless of citizenship or immigration status.
What should I do if my employer disagrees about my right to receive an accommodation, or to take pregnancy or maternity leave?
You should consult with a lawyer. Your rights may depend on a number of factors, including the size of your company, the length of time you have worked, and complications, if any, during your pregnancy or childbirth. A lawyer can advise you on communicating with your employer about your rights, obtaining the accommodations you need to keep working, and taking allowable leave.
What should I do if I am harassed because I am pregnant?
Unwelcome and offensive language or conduct (comments, jokes, pictures, threats, assaults, intimidation, and interference with work performance, etc.) motivated by the subject of pregnancy, childbirth, or related medical conditions may constitute unlawful harassment. Follow your employer’s policy for reporting harassment. If there is no policy, report the incident to a supervisor or human resources department and ask in writing that the offensive behavior stop. An employer has a duty to investigate your complaint and take prompt and effective action to end the harassment.
What if I complain about harassment and then get demoted or fired?
The law prohibits most employers from taking action against an employee for making a good-faith complaint of discrimination or harassment. Unlawful retaliatory acts may include a change in work duties, increased harassment or scrutiny, criticism, demotion, suspension, or termination. If you experience retaliation, you should consult a lawyer immediately.
What can a lawyer help me with?
Your legal rights depend on a number of factors. A lawyer can help evaluate your situation, determine if your employer has violated the law, preserve your rights, and advise you about your options and the value of your claim. You may be able to recover compensation for lost wages and emotional distress, and other damages. Also, a lawyer may be able to help you improve your current work environment, keep your job, or get your job back in the event of termination. Because there are deadlines for every legal claim, you should talk to a lawyer as soon as possible.
Can I request an accommodation if my doctor thinks I need one? YES. If your doctor recommends work restrictions or modifications to your job, such as a lifting restriction, allowing frequent access to water, or taking regular breaks, you can request an accommodation. Under most circumstances, your employer is required to grant you reasonable accommodations that it would ordinarily give to non-pregnant workers with a similar restriction.
** Coming Soon: New Rights for Pregnant Workers. On Monday, April 10, 2017, the Washington State Legislature passed a pregnancy accommodation bill. When the new law takes effect, it will require employers to provide requested reasonable accommodations to workers who are pregnant and need accommodation – whether their pregnancy has complications or is normal, and whether or not the employer gives similar accommodations to non-pregnant workers. MHB lawyers contributed their expertise in the legislative process for the passage of this strong law.
Sources: EEOC Enforcement Guidance; Washington State Family Leave Act Q&AA
For more than a decade, attorney Katie Chamberlain has helped employees vindicate their rights. She is passionate about seeking justice for women denied their right to medical or maternity leave and helping those treated differently or harassed in the workplace because they are pregnant or have children. Katie has two sons.
Attorney Joe Shaeffer has represented employees for more than a decade. Joe stands up for people, including working mothers, who have been treated unfairly, harassed at work, or wrongfully terminated. Joe has a son and a daughter.
Attorney Leslie Hagin has represented employees for more than 15 years. She provides zealous advocacy and practical counsel to women and others who have been discriminated or retaliated against, or harassed for exercising their right to pregnancy, maternity/paternity, family medical, or disability leave.
For a quarter-century, attorney Jesse Wing has successfully represented employees on a wide variety of discrimination and harassment claims, including pregnancy, maternity and paternity leave issues, as well as discrimination claims in housing and mortgage lending. He has two daughters.
Attorney Tiffany Cartwright represents employees and other individuals who have had their civil rights violated. A mother herself, Tiffany is committed to enforcing the rights of pregnant women and all parents when it comes to equal opportunity in the workplace.