However, the PDA doesn t require employers to make it easier for pregnant women to work. An employer can t refuse to hire a woman because of her pregnancy or pregnancy-related condition as long as she can perform the major functions of her job. Pregnant employees cannot be forced to take leave while they are pregnant as long as they are able to perform their jobs. If an employee is absent from work due to a pregnancy-related condition and she recovers, the employer can t force her to remain on leave until the baby s birth. Similarly, an employer can t have a rule which prohibits an employee from returning to work for a predetermined time after childbirth.
Employees have the right to request voluntary leave for pregnancy, childbirth, or parenting.
Different types of leave are available under different laws. An employee who is temporarily unable to perform her job due to pregnancy or childbirth must be allowed at least the same benefits and leave time as any other temporarily disabled employee. For example, the employer may provide job modifications, alternate assignments, disability leave, or leave without pay. However, if the employer does not offer such benefits to other disabled workers, it is not required to do so for pregnant women. Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for purposes of pay raises, vacation time accrual, crediting of seniority, and temporary disability benefits.