When you realize you are going to have a baby while working for someone else, several questions will come into your mind. Is your employer allowed to fire you? When is the most appropriate time to tell your boss that you are pregnant? If you need to take leave to attend doctor's appointments in connection with your pregnancy, what should you do? If you are in Washington State, don't worry too much, as you have legal backing in this state.
Washington State's Pregnant Workers Fairness Act
In 2017, Washington State passed the Healthy Starts Act. Under this law, any business with at least 15 employees must provide reasonable accommodations to all employees with any health conditions arising as a result of pregnancy, unless providing such accommodations would cause an undue hardship for the employer.
So, what does reasonable accommodation really mean? It may mean more frequent restroom breaks, having a chair to sit on, a temporary job reassignment, avoiding heavy lifting, or an alternative work schedule for medical check-ups. Reasonable is the key word in this law. The employer is not required to restructure the entire business, but they must make adjustments.
Here is something that is not widely known: if your reasonable accommodations allow you to work, your employer cannot force you onto unpaid leave instead.
Federal laws to support employees
The federal Pregnant Workers Fairness Act came into force in June 2023 and applies to establishments that employ over 15 people, requiring the employer to provide reasonable accommodations to an employee because of an issue related to pregnancy, childbirth, or a medical condition related to these. In Washington, there are several federal and state regulations protecting the rights of pregnant women.
The federal rules also cover cases that might not seem relevant at first, such as morning sickness, gestational diabetes, and postpartum recovery.
Can you be dismissed from work due to pregnancy?
Definitely no. Both Washington State Law Against Discrimination and the U.S. Title VII of the Civil Rights Act prohibit firing or demoting an employee for being pregnant and also do not permit an employer to not hire or promote such pregnant employees. This also applies to having your hours cut or being pressured to resign.
In case one feels discriminated against for being pregnant, the person can file a claim with the Washington State Human Rights Commission or U.S. Equal Employment Opportunity Commission.
Do you have to tell your workplace that you are pregnant?
According to Washington State law, it is your prerogative whether to inform your employer about your pregnancy. Some women prefer to wait until about the end of the first trimester. However, you have to report this information in case you want to have some accommodations. The employer would normally ask for a note from a medical specialist, but the timing of that conversation is up to you.
Paid leave in Washington
Washington state has its own paid leave program which is not connected to the employer's policy. The program allows eligible employees to have up to 12 weeks of paid leave because of giving birth. Additionally, if you have some health problem related to pregnancy, your total leave can reach 16 weeks. The plan is funded from a small payroll tax charged to employers and employees.
However, not everybody qualifies. In general, to qualify for paid leave, one has to work 820 hours or more in Washington within the qualifying period.
When work isn't your only question
In addition to work-related issues, many women from Grant County are confused about matters related to pregnancy. If you are one of those women and are yet to have the confirmation that you are pregnant, please feel free to get in touch with us and schedule no-cost, confidential pregnancy testing at our Moses Lake office. After getting a positive result, you do not have to make any decisions right away; you can think about all three of your options together with us.
Got questions? Call or text us anytime at (509) 765-4425. Crossroads Resource Center is located at 1555 S. Pilgrim St., Moses Lake, WA 98837.