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ADA for Pregnancy & Maternity Leave The Americans with Disabilities Act (ADA) does not consider a normal pregnancy to be a disability. But if you experience pregnancy complications that substantially limit a major life activity, you may be considered disabled under the ADA and, therefore, entitled to reasonable accommodation to perform your job.
Americans with Disabilities Act - Who QualifiesAll employers that have 15 or more employees must comply with the ADA.
A person is considered disabled if he or she has:
When is Pregnancy a Disability Under ADANormal pregnancy is not considered an impairment under the ADA, as it is not a result of a physiological disorder. Complications resulting from pregnancy are considered an impairment.
For example, a women who suffers from hypertension after becoming pregnant may have an impairment. It must be shown that her hypertension limits, or is regarded as limiting a major life activity. The ADA defines a major life activity: "are those basic activities that the average person in the general population can perform with little or no difficulty." Source: EEOC Section 902 ADA Accommodations for PregnancyThe Americans with Disabilities Act (ADA) prohibits discrimination in all employment practices. This includes a wide array of job practices ranging from hiring and firing, to compensation and advancement.
An employer must make reasonable accommodations if you qualify under the law. A reasonable accommodation is any modification or adjustment to a job or work environment that enables the disabled person to perform essential job functions. Source: ADA.gov Questions and Answers What is most interesting to note is that if you are experiencing a normal and health pregnancy you are not protected under the law - you do not meet the criteria for disability under the law. Only women experiencing pregnancy complications have these protections. Don't ask for any special treatment from your employer unless you qualify. |
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