Digest

This episode of The Birthbound Podcast delves into the often-overlooked rights of pregnant employees in the United States. Host Hihi interviews Ryan, a labor lawyer, to shed light on the legal protections available to expecting mothers in the workplace. The conversation covers a range of crucial topics, including discrimination based on pregnancy, reasonable accommodations for pregnant workers, and the intricacies of parental leave under the Family Medical Leave Act (FMLA). Ryan emphasizes the importance of understanding these rights and documenting interactions with employers to protect oneself from potential retaliation. He also highlights the limitations of current U.S. laws compared to other developed nations, particularly the lack of federally mandated paid family leave. The episode concludes with a discussion of the Pump Act, which provides protections for breastfeeding mothers in the workplace, and a call for greater support for working families in the United States. Ryan also discusses the conservative undercurrent in California and how it can impact workplace policies, emphasizing the importance of balancing religious freedom with the rights of employees. He highlights the potential for religious beliefs to be imposed on employees in the workplace, which can sometimes be illegal. Ryan emphasizes the importance of protecting the constitution and ensuring that individuals' religious beliefs do not infringe on the rights of others. The episode concludes with a call to action for listeners to stay educated, supported, and confident in their rights as pregnant employees.

Outlines

00:00:00

Introduction

This Chapter introduces The Birthbound Podcast, a platform for expecting and new parents to access information and support for their mental health and birth journey. The podcast aims to provide evidence-based information and empower parents to make informed decisions about their care.

00:01:19

The Birth Lounge

This Chapter introduces The Birth Lounge, a resource designed to provide non-judgmental, evidence-based information about childbirth options, empowering individuals to feel informed and in control during labor.

00:02:39

Employee Rights During Pregnancy

This Chapter delves into the legal rights of pregnant employees in the workplace, focusing on protections against discrimination, accommodations, and parental leave. The discussion highlights the importance of understanding these rights and documenting interactions with employers to protect oneself from potential retaliation.

01:05:03

The Pump Act

This Chapter provides a brief overview of the Pump Act, a federal law that protects breastfeeding mothers in the workplace by requiring employers to provide a private space, free from intrusion, for expressing milk.

01:09:31

Conservative Undercurrent in California

This Chapter explores the conservative undercurrent in California and its impact on workplace policies. Ryan discusses how religious beliefs can sometimes be imposed on employees in the workplace, which can be illegal. He emphasizes the importance of balancing religious freedom with the rights of employees and protecting the constitution.

Keywords

Q&A

• What are some common forms of pregnancy discrimination in the workplace?

  Pregnancy discrimination can take many forms, including being denied promotions, raises, or assignments, being demoted, having your workplace changed to an undesirable location, or being fired or written up for performance issues that were not present before the pregnancy. Employers may also create unreasonable work requirements or expectations to make it difficult for a pregnant employee to continue working.

• What are some reasonable accommodations that pregnant employees can request under the PWFA?

  Reasonable accommodations for pregnant employees can include longer break times, modified work schedules, working from home, being excluded from strenuous activities, and access to a private space for expressing milk. The specific accommodations will depend on the individual's needs and the employer's ability to provide them.

• What are the key provisions of the Family Medical Leave Act (FMLA)?

  The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including the birth of a child. To be eligible, employees must have worked for their employer for at least 12 months and 1,250 hours. Upon returning from leave, employees must be restored to the same or a substantially similar job.

• What are some things to keep in mind when requesting FMLA leave?

  When requesting FMLA leave, it's important to do so in writing and keep a copy for yourself. Communicate with your employer about your return date and be responsive to any check-ins they may have. Be aware that retaliation for taking FMLA leave is possible, especially in the first few months after returning to work.

• What are the key provisions of the Pump Act?

  The Pump Act requires employers to provide breastfeeding mothers with a private space, free from intrusion, that is not a bathroom, for expressing milk. This protection applies for up to one year after the child's birth. While the law does not specifically require a refrigerator or running water, some states, like California, have additional requirements.

• What are some common misconceptions about HIPAA and pregnancy?

  Many people believe that HIPAA prohibits employers from asking about a woman's pregnancy. However, HIPAA protects against unauthorized disclosure of medical information, not the act of asking about a pregnancy. Employers are allowed to ask about a woman's pregnancy, but they cannot disclose her medical information to others without her consent.

• What are some of the challenges facing pregnant employees in the United States?

  Pregnant employees in the United States face a number of challenges, including the lack of federally mandated paid family leave, the potential for discrimination and retaliation, and the need to navigate complex legal requirements. The current system often leaves pregnant workers feeling vulnerable and unsupported.

• What are some things that employers can do to create a more supportive environment for pregnant employees?

  Employers can create a more supportive environment for pregnant employees by providing paid family leave, offering flexible work arrangements, providing reasonable accommodations, and fostering a culture of respect and understanding. By prioritizing the well-being of their employees, employers can create a more positive and productive workplace.

• How can religious beliefs impact workplace policies in California?

  In California, there is a strong conservative undercurrent, and some employers may impose their religious beliefs on their employees. This can lead to situations where employees are discriminated against or subjected to unfair treatment based on their religious beliefs or lack thereof. It is important to understand the legal boundaries of religious freedom and ensure that employees' rights are not violated.

• What are some examples of how religious beliefs might be imposed on employees in the workplace?

  Examples of how religious beliefs might be imposed on employees in the workplace include refusing to hire unmarried pregnant women, requiring employees to attend religious services, or prohibiting employees from taking certain types of leave for religious reasons. These actions can be illegal if they discriminate against employees based on their religion or lack thereof.

Show Notes