Having a pregnant employee can present you with many different questions and concerns. As a manager, you are happy for the employee, yet now you are faced with how you will fill the workload and whether or not she will come back after the birth. In addition to that, there are also legal concerns to consider. Federal & State Laws provide special rights for pregnant employees in the workplace. According to the Pregnancy Discrimination Act (PDA) of 1978, for organizations with 15 or more employees, it is unlawful to discriminate against employees based on pregnancy, childbirth or medical issues that are related to the pregnancy. This could lead to a sex discrimination charge. It is not required to give special treatment to pregnant employees. Simply put, companies need to treat them as any other employee.
When dealing with pregnant employees or job applicants, there are 2 main guidelines to follow:
- Ignore pregnancy when hiring or firing. Never ask a job applicant if they are planning to have children. The reason for this is that employers can’t fire or refuse to hire a pregnant woman due to the pregnancy, conditions of the pregnancy or any prejudices toward pregnant women.
- Choose your words wisely. If the wrong words are used during that first conversation about an employee being pregnant, you can be accused of discrimination. Those words are considered the ‘evidence’. Avoid comments about whether or not they will come back after the baby is born or the amount of time they might want off etc. It’s best to stick to more positive & general comments like congratulating her & asking how she is feeling so far. Offer her the suggestion of contacting HR for more information on the Family & Medical Leave Act
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