What Are a Business’s Pregnancy and Maternity Obligations?

 Posted on February 20, 2025 in Employment Discrimination

Certain federal and state laws regulate employer obligations to pregnant workers and their maternity leave. To ensure that your business does not open itself up to legal risks and to prevent reputational damages, it is important to be aware of and comply with the relevant rules and regulations surrounding pregnancy discrimination and maternity leave.

An experienced Schaumburg, IL employment law attorney can assist your business in setting up processes to ensure compliance with laws against pregnancy discrimination. 

Family Medical Leave Act (FMLA)

Businesses employing 50 or more employees are subject to the Family Medical Leave Act (FMLA). Such businesses must provide up to 12 weeks of unpaid leave to employees for the birth and care of a newborn. 

Pregnant Workers Fairness Act (PWFA)

Employers with 15 or more employees are required by the Pregnant Workers Fairness Act (PWFA) to provide pregnant workers with reasonable accommodations related to their pregnancy or childbirth. A reasonable accommodation under the PWFA is a change to the work environment to accommodate the special needs of the employee who is pregnant, such as additional breaks to use the restroom or the possibility of working remotely.

Pregnancy Discrimination Act (PDA)

Under the Pregnancy Discrimination Act (PDA), employers with 15 or more employees must treat pregnant workers the same as other employees. An employer may not fire, refuse to hire, or demote a pregnant worker because they are pregnant or because of a medical condition related to the pregnancy.  

Illinois Human Rights Act (IHRA)

Unlike federal statutes concerning pregnant workers, the Illinois Human Rights Act (IHRA) applies to companies that employ one or more employees for 20 or more calendar weeks, meaning that as long as you employ one person, you are considered an employer under this law. 

The IHRA requires employers not to discriminate against workers in matters of hiring, firing, promotions, and other employment conditions due to their pregnancy or childbirth. Employers must treat pregnant workers the same as other employees who have a similar ability to do the work. The IHRA also requires employers to provide reasonable accommodations to pregnant workers unless doing so would create an undue hardship on business operations. 

Call an Illinois Employment Law Attorney 

At The Miller Law Firm, P.C., we advise employers on best practices to ensure compliance with laws and regulations governing pregnancy and maternity leave. If you have questions about your obligations towards a pregnant worker or are facing a pregnancy discrimination claim from an employee, call the experienced Schaumburg, IL employment law attorney at 847-995-1205 to request a complimentary consultation.