Pregnancy Factsheet
The following state and federal laws cover discrimination involving
pregnancy:
·
Chapter 216 of the Iowa Code
· Title VII
· The Family and Medical Leave Act (FMLA) of 1993
Pregnancy Discrimination under Chapter 216 of the Iowa Code and
Title VII
·
Chapter 216 of
the Iowa Code prohibits discrimination in employment due to
pregnancy. Chapter 216 is enforced by
the Iowa Civil Rights Commission and applies to employers with 4 or more
employees. Pregnancy is regarded as a
temporary disability. Pregnancy must not
be treated more harshly than other temporary disabilities under an employer’s
policies. Pregnancy, however, may be
treated more favorably (California Federal Savings and Loan Ass’n v. Guerra,
479 US. 272). When other leave is not available, an employer shall not
refuse to grant a pregnant employee an unpaid leave of absence for up to 8
weeks, as required by doctor’s orders. The employer may require that there be a medical
certification for such leave.
· The Pregnancy Discrimination Act is an amendment to Title VII of The Civil Rights Act of 1964. It is enforced by the federal Equal Employment Opportunity Commission (EEOC), and applies to employers with 15 or more employees. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
HIRING
An employer cannot refuse
to hire a woman because of her pregnancy-related condition as long as she is
able to perform the major functions of her job. An employer cannot refuse to
hire her because of its prejudices against pregnant workers or the prejudices
of co-workers, clients or customers.
PREGNANCY AND MATERNITY LEAVE
An employer may not single
out pregnancy-related conditions for special procedures to determine an
employee's ability to work. However, an employer may use any procedure used to
screen other employees' ability to work. For example, if an employer requires
its employees to submit a doctor's statement concerning their inability to work
before granting leave or paying sick benefits, the employer may require
employees affected by pregnancy-related conditions to submit such statements.
If an employee is temporarily
unable to perform her job due to pregnancy, the employer must treat her the
same as any other temporarily disabled employee; for example, by providing
modified tasks, alternative assignments, disability leave or leave without pay.
Pregnant employees must be
permitted to work as long as they are able to perform their jobs. If an
employee has been absent from work as a result of a pregnancy-related condition
and recovers, her employer may not require her to remain on leave until the
baby's birth. An employer may not have a rule which prohibits an employee from
returning to work for a predetermined length of time after childbirth.
Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave. Beyond that, employers should try to return the person to the same or similar job within the same pay range.
HEALTH INSURANCE
Any health insurance provided
by an employer must cover expenses for pregnancy-related conditions on the same
basis as costs for other medical conditions.
Pregnancy-related expenses should be reimbursed exactly as those
incurred for other medical conditions, whether payment is on a fixed basis or a
percentage of reasonable and customary charge basis.
The amounts payable by the
insurance provider can be limited only to the same extent as costs for other
conditions. No additional, increased or larger deductible can be imposed.
If a health insurance plan
excludes benefit payments for pre-existing conditions when the insured's
coverage becomes effective, benefits can be denied for medical costs arising
from an existing pregnancy. Employers must provide the same level of health
benefits for spouses of male employees as they do for spouses of female
employees.
FRINGE BENEFITS
Pregnancy-related benefits
cannot be limited to married employees. In an all-female workforce or job
classification, benefits must be provided for pregnancy-related conditions if
benefits are provided for other medical conditions. If an employer provides any benefits to workers on leave, the
employer must provide the same benefits for those on leave for
pregnancy-related conditions. Employees
with pregnancy-related disabilities must be treated the same as other
temporarily disabled employees for accrual and crediting of seniority, vacation
calculation, pay increases and temporary disability benefits.
Pregnancy Discrimination under the Family
and Medical Leave Act of 1993
The FMLA requires employers
with 50 or more employees within a 75-mile radius to provide eligible
employees with unpaid family and medical leaves of absence of up to 12
weeks during a 12-month period. The
FMLA is enforced by the U.S. Department of Labor.
Who is Eligible for
FMLA Leave?
·
The employer must have
50 or more employees for each working day during 20 or more calendar workweeks
(not necessarily consecutive workweeks) in the current or preceding calendar
year. The 50 or more employees must
work within a 75-mile radius.
·
The employee in question
must have been employed for at least 1250 hours of service for the employer
during the previous 12-month period immediately preceding commencement of the
leave.
2 Types of Leave
under FMLA:
A. An eligible employee, female or male, may take
Family Leave for:
·
The birth of a
child/children
·
The adoption of a
child/children
·
If the employee will
have a foster child/children placed in her/his care
·
To take care of a
spouse, child/children or parent with a serious health condition
B. An eligible employee may take Medical
Leave:
When
an employee is unable to perform his or her job because of the employee’s own
serious health condition. This includes
pregnancy, miscarriages, or complications or illnesses related to pregnancy.
3 Ways FMLA Leave
May be taken:
·
A leave of up to 12
consecutive weeks
·
Intermittent leave taken
in separate blocks of time due to a single injury or illness
·
A reduced work leave
schedule whereby the usual hours per workweek or per workday of the employee
are reduced
Important
Information to Remember:
·
An employee must provide the employer at least 30 days
advance notice before the FMLA leave is to begin if the need is
foreseeable. If circumstances require
that the leave begin in less than 30 days, notice must be provided as soon as
“practicable.”
·
If an employee is requesting leave due to birth,
adoption, or foster care placement, the employer may require, or the employee
may request the use of accrued vacation leave and/or accrued personal leave.
·
The FMLA does not require a covered employer to
provide any paid leave. Under
certain circumstances, the FMLA permits the employee to choose or the employer
to require substitution of paid leave, which has been accrued pursuant to the
employer’s policies, for any part of the leave, so that the total paid
and unpaid leave equals 12 weeks.
·
For the duration of the FMLA leave, the employer must
maintain the employee’s health coverage under the existing premium contribution
arrangement through any group health plan.
·
An employee returning from FMLA leave is entitled to
be restored either to the same position the employee held before or an
equivalent position with equivalent benefits, pay and other terms and
conditions of employment.
Iowa Civil Rights Commission
Grimes State Office Building
Des
Moines, Iowa 50319
515-281-4121
or 1-800-457-4416
Web
site: www.state.ia.us/government/crc
Milwaukee
District Office
310
West Wisconsin Ave., Suite 800
Milwaukee,
WI 53203-2292
Iowa
Department of Human Rights
Lucas
State Office Building
Des
Moines, Iowa 50319
515-281-4461
or 1-800-558-4427
E-mail
dhr.icsw@dhr.state.ia.us
Web
site: www.state.ia.us/dhr/sw
Wage
and Hour Division
210
Walnut Street
Des
Moines, Iowa 50309
515-284-4625