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Can A Company Force Early Maternity Leave?

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We work in a spa in St. Louis, MO. Manager has told a receptionist who is pregnant that she does not want her working any longer because she does not want her water to possibly break in front of clients, nor does she want her to have to go to the hospital suddenly (because the manager does not want to find a replacement for her on short notice). The pregnant woman is healthy, is totally doing her job, has not missed work due to her pregancy. The woman was planning on a pay check up until the time of her delivery (she is due April 21st). Thank you so much for your help.

This type of attitude by employers was very common 25 years ago. (About 55 years ago, the employer would have fired the receptionist as soon as she became pregnant.)

Fortunately, a lot has changed in the HR world since then.

Forcing a pregnant woman to go on leave when she is healthy and wants to work is a violation of the PDA, the federal Pregnancy Discrimination Act. It may also be discrimination based on sex under Title VII of the Civil Rights Act of 1964, and a violation of the Americans with Disabilities Act or ADA.

Under PDA, employers must not discriminate against workers who happen to be pregnant. The law specifically says, “Pregnant employees must be permitted to work as long as they are able to perform their jobs.”

The ADA prohibits discrimination based on a disability, or a percieved disability. Under ADA, the employer may even have to make reasonable accommodations to the worker’s pregnancy, like reassigning a few of her duties.

Like all other federal discrimination laws, these are enforced by the EEOC.

Many states also have similar laws that prohibit discrimination against pregnant workers.

Employers have the right to require that a pregnant employee supply a release or note from her doctor that shows she is physically able to work.  This is simply a measure to safeguard the employee’s health, and that of her unborn child.

A fair percentage of pregnant women with desk jobs continue to work until they go into labor. In the overwhelming majority of cases, their water does not break at work. Many women go into labor in the evening or nighttime hours, so leaving work may not even be a factor. Even if it is, it is no different than if an employee suddenly became sick to her stomach, and had to leave work.

The employer is aware that she has to make additional arrangements to cover this worker’s shifts while the receptionist is on leave, anyway. Many employers would be thrilled to have the receptionist train her temporary replacement until she goes on maternity leave.

From a customer service perspective, many clients might actually feel honored or touched to know that they were there the day the receptionist went into labor. It would certainly establish a connection that the customers will not soon forget. If the manager is concerned that the receptionists excitement or squeals of delight will spoil the spa’s serene atmosphere, the manager can certainly have a conversation with her about being discreet. And the manager should be aware that the early stages of labor are not necessarily noisy.