If you're expecting or planning to start a family, it's crucial to understand your rights to ensure a smooth transition into motherhood while maintaining your career.
Welcoming a baby is a joyous occasion, yet an unsupportive workplace can lead to stress. In 2017, over 3,100 pregnancy discrimination complaints were filed with the U.S. Equal Employment Opportunity Commission.
Maternity leave can be confusing. You might wonder whether you can be terminated (you can, under certain circumstances), how FMLA applies, or if your job can change during your absence (it can, as long as the new position is equivalent in terms of pay, benefits, and responsibilities). If you're expecting or planning for a family, keep reading to discover your entitlements and how to embrace parenthood without jeopardizing your career.
Understand Your Rights During Pregnancy
Get familiar with legal protections before announcing your maternity leave. The Pregnancy Discrimination Act prohibits workplace discrimination due to pregnancy affecting hiring, firing, pay, and promotions. However, employers can legally terminate a pregnant employee if they can demonstrate a valid reason unrelated to the pregnancy—like poor sales performance or repeated tardiness.
According to Christopher Kuczynski, assistant legal counsel for the EEOC, “Employers must provide reasonable accommodations for pregnant employees under the Americans With Disabilities Act,” which might include not requiring heavy lifting or travel after 36 weeks. If pregnancy limits job performance (e.g., extended bed rest), protections become complex. You might not be covered if accommodating your needs causes significant challenges for the employer, though other options like working from home can be explored.
If you're in a part-time role, “you’re protected under Title VII only if your company has at least 15 full-time employees,” Kuczynski explains. Many states have their own laws that might apply to smaller businesses.
As a New Parent
Before discussing with your supervisor, review your company's maternity leave policies and consider scheduling a meeting with HR if you have questions. At the federal level, the Family and Medical Leave Act allows 12 weeks of unpaid leave, provided you've worked at least 1,250 hours in the past year, have been employed for at least 12 months (not necessarily consecutively), and are at a company with 50 or more employees. Your employer might ask you to use vacation or sick days within your 12 weeks, and you can start your leave during pregnancy. However, you’re not obligated to take the full 12 weeks. “Consider your financial situation and what’s feasible regarding unpaid leave,” advises executive coach Bonnie Marcus.
Develop a Strategy
Draft a plan for your boss that outlines how work will continue in your absence. “Identify potential colleagues to cover your responsibilities and allocate tasks according to their skills and workloads,” Marcus recommends. “Prepare your team by training them on unfamiliar projects and establishing clear processes.” Include your estimated leave dates, your preferred level of contact, and whether you’ll participate in meetings or respond to emails.
“Now’s the time to negotiate any special arrangements,” says Selena Rezvani, author of “Pushback: How Smart Women Ask — and Stand Up — for What They Want.” For instance, if you want to return gradually, offer a plan to work 40% your first week back, then 60%, and finally full-time. “Approach your maternity leave as you would a critical business project,” Rezvani emphasizes. A strong proposal makes it easier for your manager to support your request.
Timing Your Announcement
Typically, it's best to inform your supervisor after the first trimester, when you’re starting to show but it’s not overtly obvious. “This helps avoid premature speculation,” says Rezvani. Some people may view pregnant employees negatively, especially if you’re frequently out for doctor visits, so managing the timing of your announcement can help control your reputation.
When you meet with your boss, maintain a positive attitude. “Don’t apologize for your pregnancy; instead, be confident,” suggests Marcus. Present your plan assertively, showing your commitment to both your job and the company.
To leave a strong impact, focus on three key points. First, share your news and due date to set the timeline. Next, outline your next steps: mention that you'll request meetings to discuss workflow during your absence. “Many wait for guidance from their manager,” notes Rezvani. “Your boss will appreciate your proactive approach.” Finally, affirm your dedication with a statement like, “I’m committed to ensuring a smooth transition both before and during my leave.”
Discuss Future Roles
Even if you’re uncertain about returning full-time after childbirth, act as though you are. “Many managers assume the ‘mommy track’ stereotype, thinking you’ll prioritize routine over advancement,” says Rezvani. Talking about your future role in projects helps combat this perception. Remember, especially for first-time mothers, feelings about returning can vary greatly. Some think they’ll return in two weeks but find they prefer to stay home longer—and vice versa. Stay proactive in showing your management that you’re invested in your long-term future with the company.
Maintain Documentation
Regrettably, some employers may try to justify laying off an expectant mother under the guise of performance issues, even if her pregnancy is the true reason. One woman reported being held to a stricter standard after reducing her hours, receiving threats of termination for tardiness—despite similar behavior from other employees being overlooked.
If you suspect your supervisor is sidelining you, keep detailed records. For instance, if performance reviews turn negative after announcing your pregnancy, document these changes. “If discriminatory remarks are made, note the time, location, and witnesses,” Kuczynski advises. If you consider legal action, thorough documentation strengthens your case.
Sometimes, mothers return to find they’re being pushed out with increased demands. “If an employer expects more from you than from similar employees, that may indicate discrimination,” Kuczynski points out. Again, maintaining thorough records is essential.
Identify Your Support System
In the weeks leading up to your due date, consider asking a few trusted colleagues—especially those who are parents—to keep you updated on significant events during your absence, such as promotions or departmental changes. “This way, you won’t be blindsided by important developments,” she explains.
Avoid Isolation
Your level of workplace involvement during maternity leave is a personal choice based on your goals. “Legally, your boss cannot force you to work during FMLA or short-term disability leave,” Kimpel states. “While it’s best to focus solely on your new baby, if you wish to check in occasionally, that’s up to you.”
If your priority is bonding with your child, limit check-ins. “Conversely, if you’re aiming for a promotion soon, maintaining visibility can be beneficial,” suggests Rezvani. “Under-commit and overdeliver.” For example, if your company is launching a new product you contributed to, consider attending key meetings, but feel free to attend more if you wish.
Unsure about your involvement? Depending on your job, think about scheduling regular calls with your team and supervisor. “This way, you won't be overwhelmed with communications,” Marcus notes. “Let your team know that their questions will be addressed during these calls, encouraging them to be more independent.” Also, a quick reply-all email can keep you in the loop; a simple acknowledgment like, “I support that direction,” suffices.
Re-establish Your Presence
Upon returning from maternity leave, promote your contributions and relevance. “Keep your boss and key stakeholders informed of your achievements,” Marcus advises. “This helps reinforce your value to the team and increases the likelihood of negotiating flexibility in your role if needed.”
Use a three-pronged approach: “Engage at the firm level, department level, and one-on-one,” suggests Rezvani. Present at conferences or share any accolades in company newsletters. Offer to take part in internal groups to demonstrate commitment at the departmental level. “Lastly, meet with your manager to realign priorities and clarify your goals,” Rezvani recommends.
Remember, maternity leave can provide a unique perspective: “You’ve had time and distance that many managers would envy,” says Rezvani. “Utilize your fresh insights to benefit your career.”
Establish Boundaries
Now that you're back at work, you might find yourself needing to pump regularly and leave promptly at the end of the day. Balancing new motherhood with job responsibilities can be challenging. “Communicate to your boss that while you must maintain strict boundaries regarding hours, you’re flexible regarding project assignments,” suggests Rezvani. “This can enhance your professional image.” You might say something like, “Though I have limited flexibility with my hours, I want you to know I’m committed to this job. Please consider me for challenging projects.” What manager wouldn't appreciate that?
