Nebraska Employment and Pregnancy Discrimination Poster

Employmen	t and Pregnancy Discrimination	 	
Pregnancy Discrimination	 	
Discrimination on the basis of pregnancy is prohibited by the Pregnancy Discrimination Act of 
1978. This Act prohibits discrimination against women because of past, present and potential 
pregnancies. 	Because millions of women combine	  their careers with marriage and children, it is 	
important for employers and employees to know their rights. Below is a description of benefits 
covered by the Pregnancy Discrimination Act. 	 	
 	The Pregnancy	  Discrimination Ac	t applies to all companies employing at least 15 	
people. 	 	
 	Employers are required to treat pregnancy, childbirth and other related conditions in the 
same manner they treat medical conditions for other employees. 	 	
 	The Pregnancy Discrimination Act covers all 	areas of employment including hiring, 	
promotion, firing, seniority rights and fringe benefits such as sick leave and health 
insurance. 	 	
 	It is illegal for a woman to be fired, refused a job or refused promotion because she is 
pregnant or has had an abortion	.  	
Sick Leave and Disability	 	
 	Employers must treat able	-bodies pregnant in the same manner they treat other able	-	
bodied workers. 	 	
 	Pregnant women are entitled to re	-employment when they are able to return to work on 	
the same basis as other temporarily disabl	ed employees.	 	
 	If a pregnant employee is unable to perform some functions of her job, she must	 be 	
treated in the same manner as other temporarily disabled employees, such as providing 
modified tasks, alternative assignments and disability leave. 	 	
 	A 	woman unable to perform modified tasks during pregnancy or who becomes 	
temporarily disabled during childbirth is entitled to the same rights as other temporarily 
disabled workers. This includes the use of accumulated sick pay, receiving disability and 
heal	th insurance benefits and returning to work upon recovery. 	 	
 	An employee must provide the use of sick leave or disability medical benefits in order to 
prepare for childbirth only if benefits are provided for other employees anticipating some 
kind of disabil	ity. 	 	
Medical Costs	 	
 	 The cost of maternity care, including prenatal, delivery, and postnatal care must be 
covered in employer sponsored health care plans on the same basis as other medical 
expenses. 	 	
 	If an employer provides his/her employees with a choice 	of several health insurance 	
plans, pregnancy coverage must be offered in all of his plans.

 	If pregnancy benefits are provided, they cannot be limited to married women only. 	 	
 	If the employer provides insurance for the medical expenses of spouses, it must a	lso cove 	
the medical expenses of the spouse’s pregnancy	-related conditions. This level of 	
coverage does not have to equal the level of coverage for employees.	 	
It Is Illegal For Employer	-Provided Health Insurance Plans To:	 	
 	Exempt pregnancy from major medica	l coverage. 	 	
 	Exempt pregnancy coverage from nonfamily plans. 	 	
 	Include deductibles for childbirth when there are none for other medical procedures. 	 	
Abortion Benefits	 	
 	Employer are required to pay health insurance benefits for abortions only when the life of	 	
the mother would be endangered if the pregnancy were continued or when medical 
complications have arisen from an abortion. Employers are not precluded, however, from 
providing abortion coverage in non	-life	-endangering situations if he/she so chooses. 	 	
 	An 	employer must provide the use of sick leave or disability medical benefits for 	
absences which may be related to an abortion which may be related to an abortion only if 
medical benefits are provided for other employees.	 	
 	Employers may not refuse to hire or p	romote a woman because she has had an abortion. 	 	
Family And Medical Leave Act	 	
The Family and Medical Leave Act (FMLA) provides added protection. It went into effect on 
August 5, 1993. 	 	
If your doctor or health	-care provider says you are sick and unable to 	work during pregnancy, 	
you may be able to get up to 12 weeks off without pay under FMLA. You are also allowed time 
off for childbirth, adoption and to care for a sick child or family member. 	 	
If you take time off under FMLA, you have the right to the same 	job or a job with equal pay and 	
benefits when you return to work.