Pregnant employees in New Jersey benefit from robust protections under both state and federal laws that make sure they are treated fairly and have the necessary support in the workplace. It is important to know what the laws are, partly so you are aware of reasonable accommodations allowed and partly so you can recognize if any pregnancy discrimination is happening to you. First, let’s look at a few federal protections and then dive into additional New Jersey laws.
Federal Protections for Pregnant Workers
Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) is a federal law that prevents discrimination based on pregnancy, childbirth, or related medical conditions. Employers cannot make employment decisions based on pregnancy status, such as hiring, firing, or promotions. Under the Pregnancy Discrimination Act (PDA), pregnant employees are entitled to receive the same types of workplace modifications as other workers with temporary disabilities, such as flexible scheduling or modified duties.
Pregnant Workers Fairness Act (PWFA)
Only enacted on June 18, 2024, this federal law is a significant step forward in protecting the rights of pregnant workers in the United States. It mandates that employers with more than 15 employees provide reasonable accommodations to pregnant employees, such as extra breaks for water or seating options for resting, modified work schedules, or lighter duties. This Act ensures that pregnant workers can continue to work safely and productively unless the request would be an undue hardship on the employer. An undue hardship is a significant difficulty or expense that would make it impossible for an employer to fulfill the request.
Americans with Disabilities Act (ADA)
Though the Americans with Disabilities Act (ADA) does not categorize pregnancy itself as a disability, it does cover pregnancy-related complications that limit major life activities. For example, conditions like gestational diabetes may make employees eligible for job modifications under the Americans with Disabilities Act (ADA). These adjustments might include changes to the work environment, altered duties, or additional support measures to ensure their health and well-being.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is another important federal law that annually provides eligible employees with up to 12 weeks of unpaid, job-protected leave. This leave can be taken for pregnancy-related medical needs, recovery after childbirth, or bonding with a newborn. The FMLA guarantees that workers can return to their job or an equivalent one after taking leave, providing essential job security during and after pregnancy.
Knowing the eligibility requirements for The Family and Medical Leave Act (FMLA) is important. According to the U.S. Department of Labor, “Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Also, time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.”
New Jersey-Specific Protections for Pregnant Workers
In addition to federal protections, New Jersey offers several state-specific rights and support measures:
New Jersey Law Against Discrimination (NJLAD)
This law prohibits discrimination, bias-based harassment, and workplace retaliation against employees relating to job assignments, promotions, or other employment opportunities based on pregnancy status or related medical conditions.
New Jersey Pregnant Workers Fairness Act (NJ PWFA)
An amendment to New Jersey Law Against Discrimination (NJLAD), this Act requires any size, non-federal New Jersey employer to provide reasonable accommodations for pregnant employees, such as modified schedules, help with physical tasks, or temporary transfers to less strenuous roles. Employers must make these adjustments unless doing so would create an undue hardship for their business.
The New Jersey Pregnant Workers Fairness Act (NJ PWFA) was enacted in January 2014, about 10 years before the federal version became law. It is just another example of the strong protections New Jersey offers its workers. The good news is that pregnant workers can rely on both federal and state laws for coverage.
Temporary Disability Benefits (TDB) and Family Leave Insurance (FLI)
New Jersey’s Temporary Disability Benefits (TDB) provides partial wage replacement to employees unable to work because of pregnancy-related health issues, helping cover lost wages both before and after delivery. Following the disability period, Family Leave Insurance (FLI) can offer partial wage replacement for up to 12 weeks, allowing new parents to bond with their newborn without the financial pressure of lost income.
Defending Your Rights
Knowing your rights empowers you to request accommodation and address unfair treatment confidently. If you believe you are being discriminated against, contact us at Schall & Barasch. We’re an experienced employment law firm that understands pregnancy laws and can offer legal guidance.
