FAQ

Can an employer ask if you plan to get pregnant?

Can an employer ask if you plan to get pregnant?

Federal law does not prohibit employers from asking you whether you are or intend to become pregnant. However, because such questions may indicate a possible intent to discriminate based on pregnancy, we recommend that employers avoid these types of questions.

What is the PDA law?

The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.

What does the law say companies need to do to avoid violating the rights of pregnant employees?

Women are protected under the Pregnancy Discrimination Act. These companies must allow employees to take 12 weeks of unpaid leave for medical reasons, including pregnancy and childbirth. Your job cannot be given away during this 12-week period. Many state laws also protect pregnant women’s rights.

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When having a baby employers must allow some time to bond?

Normally, under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), a parent is entitled to take up to 12 weeks of time off to bond with a newly born or placed child, within 12 months of the birth or placement of the child.

Is it illegal to ask about pregnancy in an interview?

The Pregnancy Discrimination Act and other federal laws bar businesses from discriminating against workers because they are pregnant or plan to become pregnant, among other things. Technically speaking, it’s not against the law to ask, although interviewers who make this a habit are taking a huge legal risk.

Can a job not hire you for being pregnant?

Legally speaking, employers may not discriminate against job applicants due to pregnancy. For example, a potential employer cannot refuse to hire you or take you out of the running because you are pregnant.

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Can an employer fire you if your pregnant?

Put differently, your pregnancy is not an absolute guarantee that you’ll keep your job. However, pregnancy discrimination is alive and well–and your employer cannot terminate you because of your pregnancy. Pregnancy discrimination laws ban employers from using pregnancy as a “motivating reason” to terminate you.

Can an employer ask if you are on birth control?

For the vast majority of positions, employers may not ask job applicants about prescription drug use, regardless of the job, prior to making an offer of employment.

Can I split my baby bonding time?

How does California PFL work? California workers are eligible for partial wage replacement benefits that can be taken all at once or split over a 12-month period. Example: After adopting a new child, a parent may take two weeks of PFL initially and then the remaining time eight months later.

What are my rights if I am pregnant at work?

If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law. You may also have a legal right to work adjustments that will allow you to do your job without jeopardizing your health.

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Can I be fired while pregnant from my job?

You should inform your employer if the source of your problem at work is a pregnancy-related medical condition, because you might be able to get an accommodation under the ADA. An employer cannot legally fire you, or refuse to hire or promote you, because you asked for an accommodation, or because you need one.

Can my employer ask for accommodations because of my pregnancy?

Under the ADA, your employer may ask you to submit a letter from your health care provider documenting that you have a pregnancy-related medical condition, and that you need an accommodation because of it. Your health care provider might also be asked whether particular accommodations would meet your needs.

What should I do if my employer harasses me because I’m Pregnant?

Harassment based on pregnancy or a pregnancy-related medical condition is not allowed under the PDA and ADA. You should tell your employer about any harassment if you want the employer to stop the problem. Follow your employer’s reporting procedures if there are any.