If you work and are expecting a child, you will eventually have to make an important decision. When should you tell your boss you are pregnant? And how do you approach it?
If the process of disclosing your pregnancy causes anxiety and stress, you’re not alone. The thought of telling your boss you are pregnant can make your mind race and raise questions like the following:
- “Will they punish me if I don’t tell them as soon as possible?”
- “Will they treat me differently once they know?”
- “Can I wait until they announce promotions?”
The good news is that state and federal law protects pregnant women from discrimination and gives you the right to disclose your pregnancy when it suits your needs. If you have questions about how the law applies to you and need legal advice about when to tell your employer, the employment law attorneys at Joseph & Norinsberg in New York City are here to help. Here is a basic primer for notifying your employer about a pregnancy.
Are There Any Laws or Rules for Announcing Pregnancy at Work?
There are no universal rules for telling your boss you are pregnant, nor is there a legal deadline. The only exception is if you are requesting leave under the Family and Medical Leave Act or FMLA.
Legal Requirements for FMLA Leave
The FMLA allows workers to take time away from work for personal or family health reasons, including childbirth. If you are eligible for FMLA leave, you can take up to 12 weeks with your job and health benefits guaranteed.
The FMLA requires that you notify your employer at least 30 days before taking leave notice unless a medical emergency makes advance notice impossible. If you have a healthy pregnancy and plan to begin your leave when your child is born, that 30-day minimum falls near the middle of your third trimester.
However, if you give birth earlier than expected, you may encounter difficulties beginning your FMLA leave. If you are planning to take leave, consider disclosing your pregnancy closer to the beginning of your third trimester or during your second. Doing so would also simplify accommodations for new health complications.
Protections for Pregnant Workers
If you have concerns about your employer treating you differently because you are pregnant, know that the law prohibits pregnancy discrimination. The following three federal laws protect you after you disclose your pregnancy:
- Title VII of the Civil Rights Act of 1964: This law prohibits discrimination based on current, past, or future pregnancy, including any conditions or decisions related to that pregnancy. This law makes it illegal for an employer to make hiring, promotion, compensation, or termination decisions based on your pregnancy status.
- The Pregnant Workers Fairness Act, or PWFA: This law requires qualifying employers to provide reasonable accommodations for conditions or limitations related to pregnancy and childbirth. Reasonable accommodations include any changes that do not cause the employer undue hardship.
- The Americans With Disabilities Act, or ADA, prohibits discrimination against employees with disabilities, including those related to pregnancy or childbirth. Like the PWFA, the ADA requires reasonable accommodations for a documented disability.
If your employer violates any of these laws after you disclose your pregnancy, you may be entitled to take legal action. Document all interactions related to your disclosure and any employment decisions made soon after your announcement. Consult a pregnancy discrimination lawyer to learn whether you are eligible to file a discrimination claim.
How Do I Prepare To Announce My Pregnancy?
Preparation is key to any successful conversation with your employer. Before you schedule a meeting, gather all the information you need for a productive discussion.
- Research your company’s maternity leave policies: Know whether your employer offers paid or unpaid leave and how much time you qualify to take. Find out if you can use any other paid time off to extend your leave if necessary. Schedule a confidential meeting with your human resources department if you have any questions.
- Talk to your doctor: Tell them about your work, especially if it is physically demanding or exposes you to strong chemicals. You may need to request accommodations to mitigate certain risks.
- Plan for coverage while you are away: Consider who might take over your tasks and how to distribute your responsibilities without overloading anyone. Even if your plan is only preliminary, your boss will appreciate you considering the team’s needs.
- Research child care options for when you return: Showing that you’ve considered logistics tells your boss you’re serious about returning. The issue may not come up, but it’s good to have information if it does.
- Pay attention to pregnancy symptoms: If you’re experiencing significant nausea, fatigue, or other pregnancy-related discomforts, alert your boss to those issues. This type of disclosure helps your team accommodate your needs and plan for potential absences. Considerate bosses will see this discussion as part of being a team player.
No matter how you tell your work you are pregnant, plan to start with your boss. This approach is more professional and avoids the unfortunate situation of your boss finding out through office gossip.
If you have family or close friends within the company and want to tell them first, emphasize that you are sharing the news confidently. Request that they not discuss your pregnancy at work until you have told your boss.
Is There a Best Time To Tell My Employer I'm Pregnant?
The best time to disclose will depend on your circumstances and the work you do. You may need to break the news earlier if you work in a hazardous environment or have pregnancy-related health complications, but the decision is always yours.
Many families choose to wait until after the first trimester to share the news with friends and employers. The risk of miscarriage decreases significantly after the third month of pregnancy, making it feel safer for expecting parents to share the news.
The second trimester is also when the pregnancy begins to “show,” making it difficult or awkward to keep the secret. Other physical signs may include changes in skin pigmentation and new or ongoing symptoms, including digestive issues and backaches.
If your pregnancy symptoms are making your work difficult, it’s best to tell your boss as soon as possible. Your boss’s role is to provide support and accommodate your needs. If you have any concerns that your boss will dismiss you, have the number of a wrongful termination lawyer ready.
What Is the Best Way To Discuss Your Pregnancy With Your Boss?
A formal one-on-one meeting is the most appropriate way to tell your boss you are pregnant. In-person is best, but remote workers can interact equally successfully via video chat.
Come prepared with your research in writing. You may also bring evidence of any recent accomplishments, particularly if you think your boss may question your competence. Highlight these achievements if there is any suggestion you cannot be productive while pregnant.
Prepare your announcement in advance if a loose script makes you feel more comfortable, but be flexible and responsive during the conversation. You may not be able to anticipate every question. Answer honestly as long as you feel safe doing so.
Document the situation and contact an attorney if you feel threatened or experience any discrimination, such as verbal harassment or suggestions that you “take time off early.”
Contact Joseph & Norinsberg For Your Employment Law Cases
At Joseph & Norinsberg, we believe in employee justice and fight for the legal rights of pregnant workers. We can protect your rights and guide you through notifying your employer about pregnancy.
Whether you worry about discrimination or have experienced discriminatory actions, we’re here to help. Contact Joseph & Norinsberg today at 212-227-5700 for your free consultation.
