dol.gov/agencies/whd
1-866-4-US-WAGE
What to Expect from
Your Employer
When You’re Expecting
2
U.S. Department of Labor
| Wage and Hour Division
Disclaimer
This presentation is intended as general information only and does not carry the force of legal
opinion. The Department of Labor is providing this information as a public service. This
information and related materials are presented to give the public access to information on
Department of Labor programs. You should be aware that, while we try to keep the information
timely and accurate, there will often be a delay between official publications of the materials and
the modifications of these pages. Therefore, we make no express or implied guarantees. The
Federal Register and the Code of Federal Regulations remain the official source for regulatory
information published by the Department of Labor. We will make every effort to keep this
information current and to correct errors brought to our attention.
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U.S. Department of Labor
| Wage and Hour Division
Overview
1
Workplace rights during
your pregnancy
2
Taking time off when
you give birth and for
a new child
3
Returning to work
and breaks to pump
4
Taking action and
retaliation
5
Questions and
Answers
4
U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
5
U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding Returning to Work & Nursing
If my employer knows that I am pregnant or may become
pregnant, could I get fired?
• Title VII of the Civil Rights Act of 1964, as amended (Title VII), prohibits discrimination
based on sex in employment.
• The Pregnancy Discrimination Act (PDA) is an amendment to Title VII clarifying that
discrimination on the basis of pregnancy, childbirth, or related medical conditions
constitutes unlawful sex discrimination under Title VII.
• Title VII and the PDA prohibit discrimination based on pregnancy with respect to all aspects
of employment, including pay, job assignments, hiring, firing, promotions, training, and
fringe benefits (such as leave and health insurance).
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding Returning to Work & Nursing
What if I am being harassed
because of pregnancy or a
pregnancy-related medical
condition?
• The laws enforced by EEOC protect you
from being harassed at work because of
pregnancy.
• Examples of harassment can include
unwelcome and offensive jokes or name-
calling, ridicule, insults, intimidation, threats,
or physical assaults based on pregnancy.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding Returning to Work & Nursing
What if I am having difficulty doing my job because of
pregnancy or a medical condition related to my pregnancy?
• Employers must treat women temporarily unable to perform their jobs due to pregnancy,
childbirth, or a related medical condition the same as any other temporarily disabled
employees similar in their ability or inability to work.
• Some impairments resulting from pregnancy like, gestational diabetes or preeclampsia,
may qualify as disabilities under the Americans with Disabilities Act (ADA). A pregnant
employee may be protected under the ADA, separately from the PDA, and an employer
may be required to provide a reasonable accommodation for a disability related to
pregnancy, absent undue hardship.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding Returning to Work & Nursing
What if there’s no way that I can do my regular job, even with
an accommodation?
• If you are unable to do your regular job, even with accommodation, you may be eligible for
light duty, a temporary alternate work assignment, or leave if necessary.
• If an employer offers light duty, temporary work assignments, or leave to employees for
reasons not related to pregnancy, it must treat pregnant employees in the same manner.
• If you develop a pregnancy-related disability covered under the ADA, you have the right to
request a reasonable accommodation.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding Returning to Work & Nursing
What if I can’t work at all
because of my pregnancy?
• If your employer grants leave for other
temporary impairments not related to
pregnancy, it should offer the same to
pregnant employees.
• You may be eligible for protected leave
under the federal Family and Medical
Leave Act (FMLA) or other state-specific
leave protections.
• If you have a pregnancy-related disability
under the ADA, you may request leave
as a reasonable accommodation.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding Returning to Work & Nursing
How do I know if I am protected against pregnancy
discrimination and harassment under Title VII?
• You are protected under Title VII:
o If you work for a private employer, state, or local government;
o Your employer has at least 15 or more employees (for each working day in each of 20 or more
calendar weeks in the same calendar year as, or in the calendar year prior to when, the alleged
discrimination occurred).
o The harm occurred within 180/300 days.
• Similar protections may exist under state or local laws enforced by Fair Employment Practice Agencies
(FEPA), who may have different jurisdictional requirements.
• Federal employees are also protected under Title VII, but the process for filing a complaint is different.
See www.eeoc.gov for details.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding Returning to Work & Nursing
How do I talk to my employer about needing an
accommodation, light duty, or leave because of my pregnancy?
• Check your employee handbook or employee intranet site.
o Does your employer have a policy in place?
• Talk to Human Resources.
o Your employer may ask you for supporting medical documentation.
• If you work for a smaller employer, talk to your manager.
o Good communication goes a long way.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding Returning to Work & Nursing
I’m pregnant. What rights do I
have to take leave from work?
• The Family and Medical Leave Act (FMLA)
is a federal law that provides job protected
leave to certain workers.
• A worker who is eligible may take FMLA
leave for their own or a covered family
member’s pregnancy.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding Returning to Work & Nursing
May I take FMLA leave for my same sex spouse’s pregnancy?
• Under the FMLA, the definition of spouse includes common-law marriage and same-sex
marriage.
• You may take FMLA leave for the care of a spouse during pregnancy, including for prenatal
care.
• You may also take FMLA leave to care for your spouse who is recovering from childbirth.
• You may not take FMLA leave for the care of a partner unless you are married.
For example, you may not take FMLA leave for the care of a pregnant domestic partner,
civil union partner, or for a co-parent unless you are married to that person.
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U.S. Department of Labor
| Wage and Hour Division
Birth & Bonding
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
I have a new child. What rights do I have to take leave from
work?
• You may use FMLA leave when your child is born or placed with you for adoption or foster care, and to
bond with your new child.
• FMLA leave for birth, placement, or bonding must be taken within one year of your child’s birth or
placement.
• You may also use FMLA leave before the actual placement or adoption of your child in situations where
you may be required to, for example:
o Attend counseling sessions,
o Appear in court,
o Consult with the attorney or doctor(s) representing the birth parent,
o Submit to a physical examination, or
o Travel to another country to complete an adoption.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
May I take FMLA leave for the birth of my partner’s new child?
Anyone who is a parent to a child can take FMLA leave for the child’s birth, placement, or care.
• You can take FMLA leave for a child who is your stepchild or legal ward.
• You can take FMLA leave for a child when you have or will have the role of a parent, including
day-to-day responsibilities to care for or financially support the child, even if you do not have
a biological or legal relationship to the child.
• Men and women have an equal right to FMLA leave for the birth, placement, or care of a
child.
• You do not have to be married to take FMLA leave for the birth of your child or for the
placement of your child for adoption or foster care.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
What happens to my health insurance and other job benefits
while I am on FMLA leave?
• Your employer must continue your group health plan coverage with the same benefit
coverage as if you were not on leave.
For example, if family member coverage is provided to an employee, family member
coverage must be maintained during the FMLA leave.
• Your rights to benefits, other than group health benefits, while on FMLA leave depend upon
your employer’s established policies. Any benefits that would be maintained while the
employee is on other forms of leave must be maintained while the employee is on FMLA
leave.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
How much FMLA leave is available to me for pregnancy, birth,
placement, and bonding?
• Up to 12 workweeks of leave in a 12-month period for one or more of the following reasons (among
others):
o Pregnancy, including if you are unable to work due to pregnancy
For example, you have severe morning sickness or are on bed rest due to a complication
o Caring for your family member who is unable to work, go to school, or do other regular daily
activities due to pregnancy
o For your own or a family member’s prenatal care
For example, you take your spouse to a prenatal care appointment
o For your own or a family member’s recovery from childbirth
o Birth or placement of a child for adoption or foster care, including bonding time
Eligible spouses who work for the same employer are limited to a combined total of 12 workweeks of leave
in a 12-month period for, among other reasons, birth, placement, and bonding with a new child.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
Will I be paid during my FMLA
leave?
• The FMLA does not require your employer to
pay you for your time off.
• The FMLA does require that if your employer
already provides paid time off (PTO), paid
vacation, or paid sick leave benefits, etc. then:
o Your employer may require you to use
PTO, vacation, or sick leave, etc. during
your FMLA leave, OR
o You may choose to use the PTO,
vacation, or sick leave, etc. your
employer provides during your FMLA
leave.
• Also, if you qualify for paid family and medical
leave, parental leave, or disability leave under
State law while you are on FMLA leave, your
state paid leave benefit may be paid at the
same time you are on FMLA leave.
• The FMLA does not allow you to save your
FMLA leave for use after you have exhausted
your other leave benefits.
o As soon as you are eligible for FMLA
leave, AND
o You have a qualifying reason for FMLA
leave,
o Your employer must follow the
requirements of the FMLA.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
How do I know if I am eligible
for FMLA leave?
First, you must work for a covered employer:
• An employer who has 50 or more
employees OR
• A public agency, elementary, or secondary
school
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
How do I know if I am eligible
for FMLA leave? (continued)
If you work for a covered employer, you also must--
1. Have worked for your employer for at least
12 months,
2. Have worked for your employer for at least
1,250 hours in the last 12 months,* AND
3. Your employer must have 50 or more
employees within 75 miles of your
worksite.
*There is a different hours of service rule for airline
attendants and crew members.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
What do I have to tell my employer to request FMLA leave?
• Both you and your employer have responsibilities for notifying the other when FMLA
leave is being used.
• YOU must provide your employer with appropriate notice of your need for leave.
• YOUR EMPLOYER must:
o Notify you if you are eligible for FMLA leave within five business days of your first
leave request,
o Give you a notice of your rights and responsibilities under the FMLA, and
o Let you know if your leave is designated as FMLA-qualifying.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
What do I have to tell my employer to request FMLA leave?
What you must do:
• Follow your employer’s leave request
policies
• Request leave at least 30 days in
advance
• If that’s not possible, request leave as
soon as possible and practical
• Provide your employer with enough
information that they will know your leave
request may be covered by the FMLA
What your employer must do:
• Tell you whether you are eligible for
FMLA leave
• Tell you in writing what your FMLA rights
are
• Tell you in writing if your time off will be
counted as FMLA leave
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy
Birth & Bonding
Returning to Work & Nursing
Do I have to give medical information to my employer to take
FMLA leave?
• Your employer may require a medical certification when you request leave for your own or a
family member’s serious health condition, including pregnancy.
• Your employer may not request a medical certification for FMLA leave for you to bond with
a healthy newborn child or a healthy child placed for adoption or foster care.
o Employers may require employees to provide reasonable documentation of a family
relationship.
o To satisfy this requirement, you may provide your employer with a simple written
statement or provide your employer with a copy of an official document, such as your
child's birth certificate or a court document, for review and return to you.
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U.S. Department of Labor
| Wage and Hour Division
Returning to Work & Nursing
26
U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
What happens when I am ready
to go back to work?
Under the FMLA, when you go back to work,
your employer must restore you to the same
job that you held when your leave began, or to
a job that is virtually identical to your original
job in terms of pay, benefits, and other
employment terms and conditions (including
shift and location).
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
What happens if my employer treats me differently when I
return to work?
Title VII protects against employment discrimination on the basis of sex. This can include
situations where a person is discriminated against because the employer is acting based on
stereotypes about how much working mothers can or can’t do.
For example, your employer stops assigning you to shifts where you can earn higher
tips and keeps telling you that they don’t think you can manage being a mother and
working at this job.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
I am breastfeeding my baby. How can I continue to pump breast
milk when I go back to work?
• Under the Fair Labor Standards Act (FLSA), eligible nursing employees have the right to
reasonable break time to express breast milk and a private place, other than a bathroom,
that may be used to express milk.
• This right is available for up to 1 year after the child’s birth.
• Workers who telework are eligible to take pump breaks under the FLSA on the same basis
as other workers.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
How often may I take pump
breaks? How long may I break
to pump?
• If you are eligible, you may take reasonable
pump breaks as often as you need to for the
first year of your child’s life.
• How often you need to take a pump break,
and how long your pump breaks last, will
probably vary depending on how old your
child is and other factors.
• Talk with your employer about how often
and for how long you need breaks.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
Where can I pump during my breaks?
• Employers are required to provide a space that is shielded from view, free from intrusion
from coworkers and the public, and NOT a bathroom.
• A place that is “shielded from view” means that if you are taking a break to pump, you must
be free from observation by any employer provided or required video system, including
computer camera, security camera, or web conferencing platform.
• A bathroom is not permissible.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
Does my employer have to create a permanent space for me to
pump breastmilk at work?
• A space temporarily created or converted into a space for expressing milk or made available
when needed by the nursing mother is sufficient provided that the space is shielded from
view, and free from any intrusion from co-workers and the public
• A bathroom, even if private, is not a permissible location.
• If the space is not dedicated to the nursing mother’s use, it must be available when needed.
• The location provided must be functional as a space for expressing breast milk.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
Will my pump breaks be paid?
• Employers are not required to provide compensated break time under the FLSA.
• However, if you are not relieved from your work duties during your break time, your break
must be counted and paid as work time.
• If your employer already provides paid break time and you use that time to express breast
milk, you must be compensated for that time just as other employees would be compensated
for the time.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
How do I know if I’m eligible for breaks and a private space to
pump at work?
To be eligible for these protections, an employee must be covered by the Fair Labor Standards Act.
You are covered by the FLSA if you are an employee and:
• You work for an employer that has at least two (2) employees and at least $500,000 a year in
business, OR
• You work for a hospital, residential medical or nursing care facility, school, preschool, or government
agency, OR
• You work in domestic service, including home care, OR
• You work in interstate commerce, i.e., your work crosses state lines.
For example, you make telephone calls to other states, order or receive goods from out-of-state
suppliers, send or receive interstate mail or e-mail, handle credit card transactions or perform
accounting or bookkeeping for such activities, or travel to other states.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
How do I know if I’m eligible for breaks and a private space to
pump at work? (continued)
You must also be eligible for overtime.
The FLSA break time requirements apply only to employees who are eligible for
overtime pay.
For example, some salaried managers and office workers, schoolteachers, over-the-
road truckers and helpers, airline employees, and farmworkers may not be eligible as
they are generally not required to be paid overtime.
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U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
What if I work for a small employer?
An employer that employs fewer than 50 employees is not required to provide break time and
space under the FLSA if it would pose an undue hardship:
• Must count all employees, including part-time employees, at all worksites
• Undue hardship is defined as “causing the employer significant difficulty or expense when
considered in relation to the size, financial resources, nature, or structure of the employer’s
business”
• The employer bears the burden of proving that providing reasonable break time and space
would pose an undue hardship; size alone does not excuse an employer from complying.
36
U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
What if I work in a state that has greater protections for
nursing mothers?
The FLSA requirement of break time for nursing mothers to express breast milk does not
preempt State laws that provide greater protections to employees (for example, providing
compensated break time, providing break time for overtime-exempt employees, or providing
break time beyond one year after the child’s birth).
37
U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
What should I tell my employer if I
need to take breaks to pump?
• Talk to your employer in advance, if you can, about
your needs for break time and space to pump.
• Talk to your employer to find out if you are among the
workers eligible for break time to pump at work.
• Talk to your employer, if you can, about the frequency
and duration of breaks you will need to express milk.
• Visit dol.gov/agencies/whd/nursing-mothers for
information and contact your local WHD District Office
if you have questions.
38
U.S. Department of Labor
| Wage and Hour Division
During Your Pregnancy Birth & Bonding
Returning to Work & Nursing
What other workplace protections do I have for lactation?
In addition to your right to reasonable break time express milk under the FLSA, you are
protected from discrimination based on lactation under the Pregnancy Discrimination Act
(PDA).
Under the PDA, an employee must have the same freedom to address lactation-related needs
that they would have to address other similarly limiting medical conditions.
For example, if an employer allows employees to change their schedules or use sick
leave for routine doctor appointments and to address non-incapacitating medical
conditions, then it must allow lactating employees to change their schedules or use
sick leave for lactation-related needs under similar circumstances.
39
U.S. Department of Labor
| Wage and Hour Division
Taking Action
40
U.S. Department of Labor
| Wage and Hour Division
What should I do if I think I am being discriminated
against, harassed, or denied an accommodation?
• Complain internally.
o Does your employer have an internal complaint process?
• File a complaint with the EEOC or the Fair Employment Practice Agency in your local area.
o To file a complaint with the EEOC, visit eeoc.gov.
Click on the tab Employees & Job Applicants and click on Filing a Charge.
Jurisdictional requirements: 180/300 days to file; 15 or more employees.
You can also access more information about your federally protected rights by
visiting eeoc.gov
.
41
U.S. Department of Labor
| Wage and Hour Division
What if my employer tries to fire me or
punish me for reaching out to the EEOC?
The laws enforced by EEOC protect you from
being punished, treated differently, harassed or
fired because you file a job discrimination
complaint with the EEOC, report discrimination
to others, or help someone else report job
discrimination, even if it turns out the conduct
was not illegal.
42
U.S. Department of Labor
| Wage and Hour Division
What should I do if I think that my rights
to FMLA leave have been violated?
• To enforce FMLA rights, you may:
o File a complaint with U.S. Department of Labor’s Wage and Hour Division (WHD), or
o File a private lawsuit.
o Action must be taken within two years after the last action which may have been violation of the
FMLA, or three years if the violation was willful.
• All persons, whether are not employers, are prohibited from discharging or in any other way
discriminating against any person, whether or not an employee, because that person has:
o Filed any charge, has instituted, or caused to be instituted any proceeding under or related to the
FMLA,
o Given, or is about to give, any information in connection with an inquiry or proceeding relating to
any right under the FMLA, or
o Testified, or is about to testify, in any inquiry or proceeding relating to a right under the FMLA.
• Visit dol.gov/agencies/whd/fmla for more information about the FMLA.
43
U.S. Department of Labor
| Wage and Hour Division
What if my employer stops me from taking FMLA leave? Or
fires or punishes me for taking or trying to take FMLA leave?
• Your employer cannot terminate your
employment or discriminate against you for
using FMLA, asking about the FMLA, or
complaining about any unlawful practice
under the FMLA.
• Your employer cannot discriminate or
retaliate against you for exercising or
attempting to exercise any FMLA right.
For example, your employer cannot
give you an attendance point for being
absent from work on FMLA leave.
44
U.S. Department of Labor
| Wage and Hour Division
What should I do if I think that my FLSA
break time rights have been violated?
• To enforce FLSA rights, you may:
• File a complaint with the U.S. Department of Labor’s WHD, or
• File a private lawsuit.
• Action must be taken within two years after the last action which may have been a violation
of the FLSA, or within three years if the violation was willful.
45
U.S. Department of Labor
| Wage and Hour Division
Can my employer retaliate against me for taking
or requesting a pump break?
The FLSA prohibits employers from retaliating against workers for exercising their rights, including taking
or requesting break time to pump or filing a complaint that an employer is not providing reasonable break
time and a private place to pump.
Any employee who is “discharged or in any other manner discriminated against” because, for instance,
they filed a complaint or cooperated in an investigation, may file a retaliation complaint with the WHD or
may file a private cause of action seeking appropriate remedies including, but not limited to, employment,
reinstatement, lost wages and an additional equal amount as liquidated damages.
46
U.S. Department of Labor
| Wage and Hour Division
Filing a Complaint with WHD
The U.S. Department of Labor’s WHD is responsible for
administering and enforcing the FMLA and the FLSA.
If you have questions, or you think that your rights under
the FMLA or the FLSA may have been violated, you can
contact WHD at 1-866-487-9243 or
visit dol.gov/agencies/whd
.
You will be directed to the nearest WHD office
for
assistance. There are WHD offices throughout the country
with trained professionals to help you.
47
U.S. Department of Labor
| Wage and Hour Division
Filing a Complaint with WHD (continued)
Visit dol.gov/agencies/whd/contact/complaints/information to read
about information you may need to file a complaint.
When filing a complaint with WHD, you may be asked:
• Your name,
• Your address and phone number (how you can be
contacted),
• The name of the company where you work or worked,
• The location of the company (this may be different than the
actual job site where you worked),
• The phone number of the company,
• Your manager’s or the business owner’s name, and
• The circumstances of your FMLA request and your
employer’s response.
48
U.S. Department of Labor
| Wage and Hour Division
Questions
WHD Information
• Find your local WHD office:
dol.gov/agencies/whd/contact/local-offices
• For general information:
dol.gov/agencies/whd
• FMLA information:
dol.gov/agencies/whd/fmla
• Break Time for Nursing Mothers
information:
dol.gov/agencies/whd/nursing-mothers
EEOC Information
• Contact information:
eeoc.gov/contact-eeoc
• Pregnancy discrimination:
eeoc.gov/pregnancy-discrimination
• Disability discrimination:
eeoc.gov/disability-discrimination
• Sex-based discrimination:
eeoc.gov/sex-based-discrimination
