Understanding Your Rights: Can Your Job Cut Your Hours Due to Being Pregnant?

It is illegal for employers to reduce employees' hours just because they are pregnant, in many places. The federal law prohibits discrimination based on pregnancy, childbirth, or related medical conditions. However, this is not a blanket guarantee, and there are nuances to consider. Let’s explore the legalities, exceptions, and employee rights around this sensitive issue.

Legality of Reducing Hours Due to Pregnancy

The primary protection for pregnant employees comes from the Pregnancy Discrimination Act (PDA). This act ensures that pregnant employees receive the same treatment as any other employee with similar abilities or limitations. This means that an employer cannot solely cut an employee's hours just because of their pregnancy. Additionally, under the Family and Medical Leave Act (FMLA), which covers 80% of private sector employees, qualifying individuals can take up to 12 weeks of unpaid leave.

Nuances and Considerations

Job Performance: If an employee's performance is affected by pregnancy-related conditions, the employer may have grounds to adjust working hours. However, such adjustments must be documented and based on clear, objective performance issues. Pregnancy alone cannot be the sole reason for reduced hours. Company Policies: Employers may have policies regarding part-time work or reduced hours for various reasons. These policies should apply equally to all employees, not just those who are pregnant. If a pregnant employee feels that their policy is unfairly applied, they should seek legal advice. State Laws: Some states offer additional protections for pregnant employees, providing more rights than the federal law. Individuals should be aware of their specific state's laws to ensure full protection.

In cases where hours are reduced, it's crucial to document the situation and understand the underlying reasons. If the reduction is due to pregnancy, the employer may face legal repercussions under the PDA. However, employers often cite other legal reasons, such as insufficient staffing or changes in workplace needs.

Company Policies and Exceptions

It's important to note that not all jobs are suitable for full-time hours during pregnancy. In situations where an employee's safety and competence are compromised due to pregnancy-related issues, employers may need to reassess the job duties. For example, a police officer in a small department where they are the only one on duty or an iron worker on a skyscraper would need special consideration. These are common-sense situations where the employer must weigh the risks and safety concerns.

Notably, healthcare employers generally do not force their employees to cut their hours once they are pregnant unless it is for medical reasons such as Hyperemesis or Hypertension. In most cases, healthcare employers allow continued employment up to the due date.

Common Legal Reasons

While pregnancy alone cannot be the reason for an employee's hours being cut, it is entirely possible that hours are reduced for legal reasons such as:

Insufficient staffing Changes in workplace needs Hiring new employees, leading to redistribution of hours

These reasons do not negate the possibility that the actual reason for the hours cut is the employee's pregnancy. Employers are legally bound to document and provide justifiable reasons for such actions.

Seeking Legal Advice

If you believe your hours have been cut unfairly due to pregnancy, it is beneficial to consult with a legal expert or human resources professional. They can help you understand your rights and options under the relevant laws, such as the PDA and FMLA. Additionally, organizations like the National Partnership for Women Families and the American Bar Association offer resources and assistance for pregnant employees.

Ultimately, understanding and exercising your rights as a pregnant employee is crucial. By staying informed and seeking the appropriate guidance, you can protect yourself and ensure fair treatment in the workplace.