Know Your Rights: Legal Protections for Female Employees During Pregnancy
- giuliapedrinivisio
- 43 minutes ago
- 4 min read
Author: Zuzanna
Pregnancy should never lead to unfair treatment at work. Many women are not fully aware of their legal protections during this time, which can lead to stress or fear of losing their job. The law offers support in many areas such as non-discrimination, maternity leave, workplace safety, and health insurance. These rights are important for keeping a job safe and secure during and after pregnancy. Below is a simple explanation of the most important legal protections every pregnant employee should know.
Anti-Discrimination Protections
It is against the law to treat a woman unfairly because she is pregnant. This is called pregnancy discrimination. In many countries, this protection starts from the moment a woman becomes pregnant and even during job interviews. For example, in the United States, the Pregnancy Discrimination Act makes it illegal for an employer to fire, demote, or refuse to hire someone because of pregnancy. In Poland, similar protections are written into the Labour Code. An employer cannot terminate an employment contract with a pregnant employee without the approval of a labour court, and only in very rare cases.
Employers are also not allowed to reduce hours, change duties in a negative way, or treat pregnant workers differently from others. These are all forms of discrimination and can be reported to national labour inspectors or courts.
Maternity Leave Laws: Legal Protections for Female Employees
Taking time off from work before and after giving birth is a legal right in many countries. In the United States, the Family and Medical Leave Act (FMLA) allows up to 12 weeks of unpaid leave with job protection. However, this only applies to people working in companies with 50 or more employees, and the worker must have been employed for at least 12 months.
In Poland, the situation is stronger and more supportive. A pregnant employee is entitled to 20 weeks of paid maternity leave (in the situation of giving birth to one child during childbirth), with the possibility of extending it. The payment is made through ZUS (Social Insurance Institution), not directly by the employer. Part of the leave can be taken before the baby is born. After that, a woman may also apply for parental leave, which gives more time at home with the child. During maternity leave, the job is protected, and the employer must allow the woman to return to the same or a similar job.
Workplace Accommodations and Safety
Pregnant employees have the right to a safe and healthy working environment. If certain tasks could be dangerous, such as lifting heavy objects, standing too long, or working with chemicals, the employer must make changes. This is called a reasonable accommodation. It can include changing duties, adjusting working hours, or moving the employee to a safer position.
In Poland, labour law requires that pregnant women are not allowed to work at night, overtime, or in dangerous conditions. If such work is part of her job, the employer must transfer her to a safe position. If no such position is available, she may be sent home with full pay.
The goal of these rules is to protect both the health of the mother and the unborn child. If an employer refuses to follow these safety rules, the worker can report the company to the National Labour Inspectorate.
Health Insurance and Job Protection
In many countries, health insurance must continue during pregnancy and maternity leave. This includes check-ups, childbirth, and postnatal care. In Poland, women who are insured under ZUS have full access to public healthcare services, including maternity hospitals and care for newborns.
Also, job protection is one of the most important parts of pregnancy rights. In Poland, from the moment a woman informs her employer that she is pregnant (usually with a medical certificate), she cannot be dismissed. This protection lasts until the end of maternity leave, and in some cases even longer, such as during parental leave. A woman cannot be forced to resign or accept worse working conditions because she is pregnant or has a small child.
What to Do If Your Rights Are Violated
If a pregnant worker feels she has been treated unfairly, she can take action. It is important to collect documents such as emails, contracts, medical notes, or messages from the employer. She can contact a lawyer, her trade union, or report the situation to the labour inspection office. In Poland, this is called Państwowa Inspekcja Pracy (PIP). If needed, she can also go to labour court to ask for compensation or to get her job back.
Conclusion
Pregnancy should be a protected and supported time for every working woman. Whether you live in Poland, the United States, or elsewhere, you are most likely covered by important legal rights that defend you from discrimination, guarantee maternity leave, and protect your health and job security. In Poland, the law is especially strong in favour of pregnant workers. Knowing these rights gives women the power to act, speak up, and feel safe at work during this special period of life.