Pregnancy Discrimination

Pregnancy discrimination refers to treating women (job seekers or employees) in a way that is unfavorable to them because of pregnancy, childbirth or diseases related to pregnancy or childbirth.

Pregnancy Discrimination and Temporary Disability

If a woman is temporarily unable to perform her job due to an illness of pregnancy or childbirth, the employer or any other applicable entity must treat her in the manner that treats any other temporarily disabled employee. For example, if an employer arranges easier work, alternative tasks, sick leave, or unpaid leave for an other temporarily disabled employee, it may have to do the same for a pregnant employee.

Pregnancy discrimination and harassment

Harassing women for pregnancy, childbirth, or diseases related to pregnancy or childbirth is illegal. Harassment is illegal if it is frequent or severe to create employment decisions against the parties in the work environment (for example, the victim is fired or demoted). The harasser can be the victim's supervisor, other supervisor, colleagues, or someone not an employer employee, such as a client or customer.

Pregnancy, Maternity Leave, and Parental Leave

Employers who allow a temporarily disabled employee to take disability leave or unpaid leave must allow a pregnant and temporarily disabled employee to also take such leave by pregnancy.

In a special procedure for determining an employee's ability to work, an employer may not select pregnancy-related circumstances. However, if an employer requests his employee to submit a physician statement regarding his ability to work and then grant leave or pay sick leave benefits, the employer may require an employee affected by a pregnancy-related illness to submit such statements.

In addition, newly born parents (including adoptive parents and parents of adopted children) are eligible for a 12-week vacation period (unpaid or paid, if the employee desires or has accrued such holidays) to care for the new child. Employees must work for their employer for over 12 months before taking leave to be eligible.