NOTE:
States may also pass laws that give specific protections and rights to workers, but they may not reduce or limit the protections provided by federal laws. The details on this page show which U.S. States and Territories have laws, statutes and/or interpretive case law that
(1) specifically prohibit pregnancy discrimination,
(2) specifically address pregnancy accommodation and pregnancy-related disability, and/or
(3) specifically provide workplace breastfeeding rights.
Alabama
Pregnancy Accommodation and Pregnancy-Related Disability
State employees may use accrued sick time for maternity leave as long as they (1) work until actually disabled as a result of their pregnancy, and (2) return to work as soon as they cease to be disabled for that reason.
Ala. Admin. Code § 670-X-14-.02.
Alaska
Pregnancy Accommodation and Pregnancy-Related Disability
Public employers must treat pregnancy-related conditions the same as they treat other types of temporary disabilities.
Public employers with at least twenty-one employees are required to transfer a pregnant employee to a vacant, existing position that is less strenuous or less hazardous, upon the employee’s request.
American Samoa
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the territorial level.
Arizona
Pregnancy Accommodation and Pregnancy-Related Disability
Arizona state employees who are unable to work due to temporary disability caused by pregnancy, childbirth, or associated medical care (including miscarriage and abortion), or who are immediate family members of individuals with a temporary disability caused by pregnancy, childbirth, or associated medical care, are entitled to the same leave benefits as employees with other temporary disabilities and their family members. Employers may provide paid or unpaid leave for employees who are pregnant or who have a temporary pregnancy-related disability; they are not required to do so, however, as long as all employees are treated the same with respect to their requests for temporary disability leave.
Ariz. Admin. Code Rule 2-5A-B602, B603.
Arkansas
Pregnancy Accommodation and Pregnancy-Related Disability
State employers must treat maternity leave the same as leave for any sickness or disability, except that an employee requesting maternity leave may choose to take leave without pay rather than exhaust accrued paid leave.
California
Pregnancy Accommodation and Pregnancy-Related Disability
Women temporarily disabled by pregnancy, childbirth, or a related medical condition are entitled to unpaid leave for as long as they remain disabled, up to four months. During that period, the employer must continue to provide the employee with the same level of health insurance coverage she received prior to taking leave. This law applies to employers with five or more employees, regardless of the worker’s tenure or number of hours worked.
Cal. Gov’t Code § 12945(1)-(2).
Employers are also required to make reasonable accommodations for employees who have work-related limitations stemming from pregnancy, childbirth or a related condition. This may include temporary transfer to a less strenuous or less hazardous position, if an employee so requests upon the advice of her health care provider. If the employer has a policy or practice of transferring temporarily disabled employees to less strenuous positions for the duration of their disability, the employer must do the same for its pregnant employees.
Colorado
Pregnancy Accommodation and Pregnancy-Related Disability
Disabilities caused by pregnancy, miscarriage, abortion and childbirth are considered temporary disabilities for all job-related purposes. Employers must treat pregnancy-related disabilities the same as other temporary disabilities with respect to such matters as leave duration, leave extensions, job reinstatement and health insurance coverage.
3 Colo. Code Regs. § 708-1:80.
Connecticut
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must grant employees a reasonable leave of absence for disability resulting from pregnancy, and must provide compensation for such leave if the employee is so entitled under the employer’s disability or leave benefits plans. Employers must reinstate women returning from pregnancy leave to their original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits, upon receiving a written statement of the employee’s intent to return. Private employers are exempt from this requirement if they can show that circumstances have so changed as to make it impossible or unreasonable to do so.
Employers must make reasonable efforts to temporarily transfer pregnant employees to any suitable position which may be available when a woman informs them of her pregnancy in writing, and the employer or pregnant employee reasonably believes that continued employment in the position held by the pregnant employee may cause injury to the employee or fetus.
Conn. Gen. Stat. §§ 46a-60(a)(7)(B)-(G).
Delaware
Pregnancy Accommodation and Pregnancy-Related Disability
District of Columbia
Pregnancy Accommodation and Pregnancy-Related Disability
Women affected by pregnancy, childbirth, related medical conditions, or breastfeeding, must be treated the same as other employees not so affected but similar in their ability or inability to work, for all employment purposes.
Florida
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the state level.
Georgia
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the state level.
Guam
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the territorial level.
Hawaii
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat women affected by pregnancy, childbirth, or related medical conditions the same as other individuals who may have a temporary limitation or inability to work.
An employer may not terminate or otherwise penalize a woman because she requires time away from work for disability stemming from pregnancy, childbirth, or related medical conditions. Employers must make reasonable accommodations for women affected by a disability stemming from pregnancy, childbirth or related medical conditions. The law applies to all employers.
Idaho
Pregnancy Accommodation and Pregnancy-Related Disability
State employers must treat pregnancy, child birth and related medical conditions as temporary disabilities, including with respect to use of sick leave.
Idaho Admin. Code § 15.04.01.243.
Illinois
Pregnancy Accommodation and Pregnancy-Related Disability
Effective January 1, 2015, employers must provide reasonable accommodations to employees who have work-related limitations stemming from pregnancy, childbirth or a related condition, unless the accommodation would impose an undue hardship on the employer.
Additionally, employers must treat women affected by pregnancy, childbirth, or related medical conditions the same as other employees not so affected but similar in their ability or inability to work, including with respect to leave requests. This applies to those employers listed above.
775 Ill. Comp. Stat. 5/2-102(I)-(J); Ill. Adm. Code tit. 56, § 5210.110.
Indiana
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the state level.
Iowa
Pregnancy Accommodation and Pregnancy-Related Disability
Disabilities stemming from an employee’s pregnancy, miscarriage, childbirth, legal abortion, or recovery from any of these conditions, are to be treated the same as other temporary disabilities for insurance and leave-related purposes. If a pregnant employee is not entitled to sufficient leave under the relevant insurance or sick leave plan, the employer must, upon timely request, grant an unpaid leave of absence for either the period that the employee is disabled because of the employee’s pregnancy, childbirth, or related medical conditions, or for eight weeks, whichever is shorter.
Kansas
Pregnancy Accommodation and Pregnancy-Related Disability
Employers with four or more employees must treat disabilities stemming from pregnancy, miscarriage, abortion, childbirth and recovery therefrom the same as any other temporary disability for all job-related purposes. Employers must accept childbearing as a justification for taking an unpaid leave of absence for a reasonable period of time. Upon returning from such leave, employees must be reinstated to their original jobs or to positions of like status and pay without loss of service credits, seniority or other benefits.
Kentucky
Pregnancy Accommodation and Pregnancy-Related Disability
Female employees affected by pregnancy, childbirth, or related medical conditions must be treated the same as other individuals with similar ability or inability to work for all employment-related purposes.
Louisiana
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must provide female employees affected by pregnancy, childbirth, or related medical conditions the same benefits or privileges of employment that are granted to temporarily disabled employees, including leave benefits and transfers to less strenuous or hazardous positions. An employer must grant a request for a temporary job transfer so long as it can be reasonably accommodated.
Employers must also allow employees to take pregnancy-related leave for as long as they are disabled on account of pregnancy, childbirth, or related medical condition, up to four months. This applies to all employers with twenty-five or more employees within Louisiana.
La. Rev. Stat. §§ 23:341-342.
Maine
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat women who are unable to work because of a disability or illness resulting from pregnancy or related medical conditions the same as other employees who are not able to work because of other disabilities or illnesses, including with respect to leave benefits. This applies to all employers.
Me. Rev. Stat. tit. 5, § 4572-A.
Maryland
Pregnancy Accommodation and Pregnancy-Related Disability
Maryland law requires disabilities stemming from pregnancy or childbirth to be treated as temporary disabilities for all job-related purposes, including with respect to insurance and leave plans. All policies and practices that govern other temporary disabilities must be applied to pregnancy and childbirth-related disabilities.
Employers must explore possible reasonable accommodations for an employee’s pregnancy or childbirth-related disability. If an employee requests a transfer to a less strenuous or less hazardous position as a reasonable accommodation, the employer is required to provide the transfer for a period of time up to the duration of the employee’s pregnancy if (1) such transfers are provided to employees with other temporary disabilities, or (2) the employee’s health care provider advises the transfer and the placement would not have one of the four statutorily-provided effects. This applies to employers with more than fifteen employees, except bona fide tax-exempt private membership clubs.
Md. Code, State Gov’t § 20 — 609.
Massachusetts
Pregnancy Accommodation and Pregnancy-Related Disability
The Massachusetts Supreme Judicial Court has construed the general prohibition on pregnancy discrimination discussed above to require the same benefits be given to employees with pregnancy-related disabilities as to those with other temporary disabilities. The Massachusetts Commission Against Discrimination has issued regulations that explicitly adopt this construction, and also mandate that disability due to pregnancy or childbirth be treated the same as other temporary disabilities for all job-related purposes.
Mass. Gen. Laws ch. 151B, § 4; 804 Mass. Code Regs. 8.01; Massachusetts Elec. Co. v. Massachusetts Comm’n Against Discrimination, 375 Mass. 160 (1978).
A female employee who has completed the initial probationary period set by her employer or, if none, three consecutive months of full-time employment, is entitled to up to eight weeks of paid or unpaid maternity leave after giving birth or adopting a child. Upon giving two weeks’ notice of her intent to return, such a female employee must be restored to her previous status, with limited exceptions due to an employer’s changed circumstances. An employee who takes maternity leave is not entitled to accrue benefits while on leave unless the employer provides such benefits to all employees on temporary leave. This requirement applies to the same employers as the nondiscrimination requirement above.
Mass. Gen. Laws ch. 149, § 105 d.
Michigan
Pregnancy Accommodation and Pregnancy-Related Disability
Women affected by pregnancy, childbirth, or a related medical condition must be treated in the same manner as employees not so affected but similar in their ability or inability to work.
Minnesota
Pregnancy Accommodation and Pregnancy-Related Disability
Employers are required to treat women affected by pregnancy, childbirth, or related disabilities the same as other persons not so affected but similar in their ability or inability to work, including with respect to the provision of reasonable accommodations. Employers with more than twenty-one employees are required to provide reasonable accommodations for pregnant employees.
Mississippi
Pregnancy Accommodation and Pregnancy-Related Disability
As with discrimination generally, there is no law governing private employers. State employers, though, must treat women disabled by pregnancy the same as other persons not so affected but similar in their ability or inability to work for all employment-related purposes, including receipt of benefits under fringe benefit programs.
Missouri
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat disabilities stemming from pregnancy, miscarriage, legal abortion, childbirth and recovery as temporary disabilities, and must treat them the same as any other temporary disability for all job-related purposes.
Mo. Code Regs. Ann. tit. 8, § 60-3.040(16)(A).
An employer cannot terminate a temporarily disabled employee due to an inadequate leave policy if such policy has a disproportionate impact on employees of one sex and is not justified by business necessity.
Mo. Code Regs. Ann. tit. 8, § 60-3.040(16)(B).
Montana
Pregnancy Accommodation and Pregnancy-Related Disability
As noted above, an employee is entitled to a reasonable leave of absence for pregnancy. In determining the reasonableness of the length of leave, the employer must apply standards at least as inclusive as those it applies to other medical-related temporary leave requests.
Mont. Code Ann. § 49-2-310; Mont. Admin. R. 24.9.1203.
Employers must treat disabilities stemming from pregnancy, childbirth or related medical conditions the same as other temporary disabilities, including with respect to insurance and leave plans.
Upon returning from maternity leave, an employee must be restored to her original or equivalent position, barring a change in the employer’s circumstances.
Nebraska
Pregnancy Accommodation and Pregnancy-Related Disability
State employers must treat pregnancy as a temporary disability for leave purposes.
273 Neb. Admin. Code § 10-005, 011.
Nevada
Pregnancy Accommodation and Pregnancy-Related Disability
Employers that provide leave with or without pay, or leave without loss of seniority, to employees for sickness or disability stemming from a medical condition must provide the same benefits to pregnant employees.
New Hampshire
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must allow female employees to take a leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions. Upon return, such employees must be restored to their original or a comparable position, unless business necessity makes this impossible. For all other purposes, including benefits plans, employers must treat female employees affected by pregnancy, childbirth, and related medical conditions the same as other employees affected by any other temporary disability.
N.H. Rev. Stat. Ann. § 354-A:7.
New Jersey
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must provide reasonable accommodations for women who are pregnant or who suffer from medical conditions related to pregnancy and childbirth.
The New Jersey Family Leave Act requires employers to allow employees to take up to twelve weeks of unpaid leave in a twenty-four month period for, among other things, the birth or adoption of a child. This leave may commence at any time within a year after the date of the birth or placement for adoption. Employers may exclude certain employees from this benefit if they are among the highest five percent, or seven highest (whichever is greater), of the employer’s paid salaried employees. This law applies to all public employers and to private employers with fifty or more employees.
New Mexico
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat employees affected by pregnancy, childbirth or related medical conditions the same as other employees who are temporarily disabled for other reasons.
N.M. Code R. § 9.1.1.7(HH)(2).
New York
Pregnancy Accommodation and Pregnancy-Related Disability
Under case law applying the Human Rights Law, New York courts have held that employers are required to provide the same benefits and accommodations to employees affected by pregnancy, child birth, or related conditions as they provide in other instances of temporary disability.
Brooklyn Union Gas Co. v. N.Y. State Human Rights Appeal Bd., 41 N.Y.2d 84, 359 N.E.2d 393 (1976).
North Carolina
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the state level.
North Dakota
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the state level.
Ohio
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat women affected by pregnancy, childbirth, or related medical conditions the same as other employees not so affected but similar in their ability or inability to work for all employment-related purposes, including receipt of benefits under fringe benefit programs.
If an employer has no leave policy, an employer must allow a reasonable period of leave for childbearing. Following leave, an employee is entitled to return to the same or a similar position. This applies to public employers and to private employers with four or more employees within Ohio.
Oklahoma
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat women affected by pregnancy, childbirth or related medical conditions the same as other employees with temporary disabilities for all job-related purposes.
Okla. Stat. tit. 25, § 1301; Okla. Admin. Code § 335:15-3-9.
If an employer’s termination of an employee with a temporary disability is due to an inadequate leave policy, the termination will be unlawful if the policy has a disproportionate impact on employees of one sex and is not justified by business necessity.
Okla. Admin. Code § 335:15-3-9.
Oregon
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat women affected by pregnancy, childbirth or related medical conditions or occurrences the same as other employees with a similar ability or inability to work due to a physical condition, for all employment-related purposes, including receipt of benefits under fringe benefit programs.
Pennsylvania
Pregnancy Accommodation and Pregnancy-Related Disability
The Pennsylvania Human Rights Commission has interpreted the Human Relations Act’s prohibition on sex discrimination to require that employers apply all policies and practices, including leave and benefit policies, equally to those employees who have a disability due to pregnancy or childbirth as to those with other disabilities. Employers may not require employees to take leave due to pregnancy or childbirth.
43 Pa. Stat. § 955; 16 Pa. Code § 41.103.
Puerto Rico
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat disabilities caused by or attributed to pregnancy, childbirth or related medical conditions the same as all other disabilities for all employment-related purposes.
P.R. Laws Ann. tit. 29, §§ 1322-1324.
Rhode Island
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat female employees affected by pregnancy, childbirth, or related medical conditions the same as other employees not so affected but similar in their ability or inability to work for all employment related purposes, including benefits and leave policies.
South Carolina
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat women affected by pregnancy, childbirth, or related medical conditions the same as other persons not so affected but similar in their ability or inability to work for all employment-related purposes, including benefits and leave policies.
South Dakota
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat pregnancy and childbirth the same as they treat temporary disabilities, except in the context of insurance. This applies to all employers.
Tennessee
Pregnancy Accommodation and Pregnancy-Related Disability
If an employee has worked for the same employer full-time for at least twelve consecutive months, he or she may take four months leave for adoption, pregnancy, childbirth, or nursing an infant. Such leave shall not affect the employee’s accrued seniority, leave, or benefits, although the employer is not required to pay for such benefits during the leave period. Generally, if three months’ notice was given prior to the start of leave, the employer will be required to restore the employee, upon return, to his or her original position or to a similar position.
Texas
Pregnancy Accommodation and Pregnancy-Related Disability
Employers with fifteen or more employees are required to treat female employees affected by pregnancy, childbirth, or a related medical condition the same as other employees not so affected but similar in their ability or inability to work for all purposes related to employment, including in leave and benefit policies.
Municipal and county employers must make reasonable efforts to accommodate employees who are partially physically restricted by pregnancy; this may include making a temporary work assignment within the employee’s office.
Tex. Loc. Gov’t Code § 180.004.
Utah
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the state level.
Vermont
Pregnancy Accommodation and Pregnancy-Related Disability
Employers are required to provide up to twelve weeks of unpaid leave during an employee’s pregnancy and/or following the birth of an employee’s child. Upon return from leave, the employee must be restored to the same or a comparable position.
Vt. Stat. Ann. tit. 21, § 472.
Virgin Islands
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat women affected by pregnancy, childbirth, or related medical conditions the same as other employees not so affected but similar in their ability or inability to work for all purposes, including benefits and leave.
Virginia
Pregnancy Accommodation and Pregnancy-Related Disability
Employers must treat female employees affected by pregnancy, childbirth, or related medical conditions the same as persons not so affected but similar in their abilities or disabilities for all purposes.
Washington
Pregnancy Accommodation and Pregnancy-Related Disability
Employers with at least eight employees must grant female employees a leave of absence for the period of time that they are sick or temporarily disabled because of pregnancy or childbirth. Employers must treat a woman on pregnancy-related leave the same as other employees on leave due to illness or other temporary disability.
Wash. Admin. Code § 162-30-020.
West Virginia
Pregnancy Accommodation and Pregnancy-Related Disability
The Pregnant Workers’ Fairness Act requires employers to make reasonable accommodations for known limitations related to the pregnancy, childbirth, or related medical condition of a job applicant or employee, unless doing so would impose an undue hardship on the employer. It also prohibits employers from imposing mandatory leave or requiring applicants or employees to accept a pregnancy-related accommodation. This applies to public employers and to private employers of twelve or more persons, except private clubs.
Wisconsin
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the state level.
Wyoming
Pregnancy Accommodation and Pregnancy-Related Disability
No specific law at the state level.
https://www.dol.gov/wb/maps/3.htm
December 2019