Pregnancy and Parental Leave

by Practical Law Labor & Employment

This Note outlines an employer's obligations regarding pregnancy and parental leave under federal law, focusing on key statutes such as the Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), the Pregnant Workers Fairness Act (PWFA), the PUMP Act, and the Americans with Disabilities Act (ADA). It details employer obligations, employee rights, and discrimination risks associated with mismanaging pregnancy and parental leave. The FMLA provides 12 weeks of unpaid, job-protected leave for eligible employees for childbirth, adoption, or foster care placement. The PDA mandates equal treatment for pregnant employees, while the PWFA requires reasonable accommodations for pregnancy-related conditions. The PUMP Act ensures lactating employees have time and space to express breast milk. The ADA may provide additional protections for pregnancy-related disabilities. This Note also addresses common employer questions and highlights the necessity of complying with both federal and state-specific leave laws to avoid liability.