Workers who are pregnant, have recently given birth and/or are nursing should know that several federal laws may apply and provide different employment protections at the same time. Check with your State Labor Department to determine if you have additional or greater protections under state law.
Selections below are designed to provide a brief overview of federal laws that provide protections to workers who are pregnant and those who have recently given birth and may have related needs such as pumping breast milk upon return to work.
What You Should Know
- The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
- The Family and Medical Leave Act (FMLA) provides eligible employees job-protected leave for prenatal care or when a pregnant worker is unable to work because of the pregnancy. For adoptive or foster parents, the FMLA provides a right to take leave for required counseling, court appointments and related travel prior to foster care placement or adoption.
- Title VII of the Civil Rights Act (Title VII) prohibits discrimination and harassment based on pregnancy, childbirth, or related medical conditions in any aspect of employment including hiring, firing, pay, promotions, training and more.
- Find Out More: Fact Sheet: Pregnancy Discrimination
- The Americans with Disabilities Act (ADA) prohibits discrimination against a job applicant or employee based on a disability, including pregnancy-related disabilities such as diabetes that develops during pregnancy. An employer has to make reasonable accommodations for a worker’s pregnancy-related disability, absent undue hardship. Title VII, the PWFA, and FMLA also protect workers from discrimination or retaliation when they question employer practices or assert their rights.
- The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” The protections of the PWFA also apply to postpartum and pumping workers.
- The Fair Labor Standards Act (FLSA), as amended by the PUMP Act, requires most employers to provide covered workers reasonable break time and a private space, other than a bathroom, to pump breast milk for one year after the baby’s birth.
- Title VII of the Civil Rights Act (Title VII) prohibits discrimination and harassment based on pregnancy, childbirth, or related medical conditions in any aspect of employment including hiring, firing, pay, promotions, training and more.
- Find Out More: Fact Sheet: Pregnancy Discrimination
- The Family and Medical Leave Act (FMLA) provides a right to unpaid, job-protected leave for the baby’s birth or the placement of a child with adoptive or foster parents. This right is afforded not only for the birth, but for an extended time to bond with the child within the first year after birth or placement.
- Title VII, the FLSA, the PWFA, and FMLA also protect workers from discrimination or retaliation when they question employer practices or assert their rights.
- For more information about the FMLA or the right to pump at work, reach out to the Department of Labor’s Wage and Hour Division at 1-866-4US-WAGE (832-9243).
- For more information about the PWFA, PDA, Title VII or the ADA, reach out to the EEOC at 1-800-669-4000.
- You may also want to find out if additional legal protections may be available to you. Workers have the right to protections under all laws that apply.
- Find out More About Other Potential Protections:
- Employment Protections for Workers Who Are Pregnant or Nursing
- Paid Sick Leave for Federal Contractors
- This map provides information on federal and state-level employment protections against pregnancy discrimination, provisions for pregnancy accommodations, and workplace breastfeeding rights.
- This interactive map provides information about state paid family and medical leave laws.
- Check with your state labor department to determine if you have additional or greater protections under state law.
- Find out More About Other Potential Protections:
These federal and state government resources provide information on additional legal protections, guidance, and best practices for workers and employers.
The White House
DOL Women’s Bureau
- Employment Protections for Workers Who are Pregnant or Nursing
- State Paid Family and Medical Leave Laws
Equal Employment Opportunity Commission (EEOC)
- Fair Labor Standards Act § 18d (as amended by the Providing Urgent Maternal Protections for Nursing Mothers Act, P.L 117-328)
- PUMP for Nursing Mothers Act, Consolidated Appropriations Act, 2023
- FMLA: Applicable Laws and Regulations
- Title VII of the Civil Rights Act of 1964
- Pregnant Workers Fairness Act
- Pregnant Workers Fairness Act Regulations: 29 C.F.R. Part 1636
- Titles I and V of the Americans with Disabilities Act of 1990
- Title VII Regulations: 29 C.F.R. Part 1604
- Regulations: 29 C.F.R. Part 1630