Your Rights at Work

Content provided by the Faculty of the Harvard Medical School

Your Rights at Work

Although you may be anxious to share the good news of your pregnancy with your colleagues and supervisor, it may be smart to wait until the end of your first trimester — after the highest risk of miscarriage has passed. If you know that you plan to continue working after the baby is born, this would be a good time to let your supervisor know that you are committed to returning to work. You should also check out your company's maternity leave policies. Employers are becoming more flexible and offering more options to working mothers — including flexible hours, time-sharing and working from the home.

Still, it's wise to know the laws and agencies that protect the rights of pregnant women.

Pregnancy Discrimination Act

This 1978 law requires your employer to offer the same medical disability compensation for pregnancy-related disabilities that is offered for other disabilities.

Occupational Safety and Health Act

The Occupational Safety and Health Administration (OSHA) requires employers to provide a workplace free from recognized hazards that cause, or are likely to cause, death or serious physical harm to pregnant women or their babies. It also gives employees information about dangerous chemicals and substances. State and municipal laws also allow employees and unions the right to ask for the names of chemicals and other substances used in the workplace.

The Family and Medical Leave Act (FMLA)

• This requires both public and private employers with 50 or more employees to give employees 12 work weeks of unpaid leave for the birth, adoption, or foster care of a child, as well as to care for a spouse, child or parent who has a serious health condition.

• The employer may require that you use accrued paid vacation, personal, sick or medical leave for any part of the 12-week period. Employers are not required to provide paid leave if they wouldnot otherwise do so, but those providing health care benefits undera group health plan must continue the same coverage during leaveas the worker previously had.

• The law also states that an employee is entitled to the sameor equal position and the same benefits upon return to work. A few states have more liberal family and medical leave laws than the federal FMLA. For information on family and medical leave, contact the Work and Family Clearinghouse, U.S. Department of Labor at (800) 827-5335.

Last updated:	September 29, 2004
Reviewed By:	Faculty of Harvard Medical School