Maternity Leave and Workplace Pregnancy Rights (US)

What does the evidence say about maternity leave and workplace pregnancy rights during pregnancy?

1. Federal law makes it illegal to refuse to hire or to fire someone because she is pregnant, and employers with at least 15 employees must give a pregnant applicant or employee the same consideration as any other applicant or employee with a similar ability or limitation to work. 1
2. Eligible employees can take up to 12 workweeks of unpaid, job-protected FMLA leave for qualifying reasons including pregnancy, childbirth, and bonding. Eligibility generally requires at least 12 months with a covered employer, 1,250 hours worked in the preceding 12 months, and a worksite with at least 50 employees within 75 miles. Public agencies and schools are covered employers regardless of size, but employee eligibility requirements still apply. 2
3. Federal law under the Fair Labor Standards Act requires covered employers to give a breastfeeding employee reasonable break time to express milk for up to 1 year after her child's birth, each time she needs to, and to provide a private space other than a bathroom for doing so. 3
4. The private pumping space required under federal law does not need to be a permanently dedicated room. It can be a temporary space, such as a private office or a screened-off area, as long as it is shielded from view, free from intrusion, and equipped with a chair and a flat surface. 4
5. Under the FLSA, pumping breaks must be paid if an employee is not completely relieved from duty. When an employer offers paid breaks, an employee using one to pump must be paid on the same basis as other employees. A separate pumping break can be unpaid when the employee is fully relieved from duty, subject to any stronger state or local protections. 5

Is maternity leave and workplace pregnancy rights safe in each trimester?

• First trimester. Review employer coverage, your months of service, hours worked, worksite size, and state leave rules early in pregnancy. FMLA eligibility depends on several separate requirements; working for a covered employer does not by itself establish eligibility.
• Second trimester. As pregnancy becomes visible or known at work, federal law still requires the same standing in hiring, firing, and job duties as any other employee with a similar ability or limitation to work, regardless of how far along you are.
• Third trimester. Approaching delivery, confirm the practical logistics of any planned leave, exact start date, paperwork, and how it interacts with any employer-specific paid leave, disability benefits, or accrued time off, since federal law sets a floor of protections rather than a single standard leave package.

Federal workplace protections at a glance