Virginia Pregnancy Laws
Posted by Courtney
The state has no specific Virginia Pregnancy Laws guaranteeing job protection or benefits for parents who work for a private employer. Virginia state employees have no additional benefits under any Virginia Pregnancy Laws beyond the federal Family and Medical Leave Act. However, public employers are required to allow employees the use of sick leave for incident, illness, or death of a family member or other personal need.
As in most states, two major federal laws guide Virginia Pregnancy Laws. The Pregnancy Discrimination Act (PDA) applies to employers with 15 or more employees. It is meant to protect the pregnant employee from discriminatory actions that are based on her pregnant status. This federal law was an amendment to the Civil Rights Act of 1964, stating that women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
The law also prohibits an employer from treating a pregnant woman differently than any other employee who becomes sick or temporarily disabled. If the employer provides benefits such as paid sick days or disability, it must cover pregnancy-related disability and recovery from childbirth. The PDA does not guarantee job protection. It only guarantees a pregnant employee’s right to be treated the same as any other employee with a medical condition.
In addition, the Family and Medical Leave Act (FMLA) of 1993, which protects the rights of pregnant employees and applies if there are 50 or more employees in the workplace, guide Virginia Pregnancy Laws. Some pregnant employees may be eligible for protection under the Americans with Disabilities Act.
Healthcare insurance and other provisions apply to the pregnant employee as they do to any other employee with a temporary disability. Some employers have also begun to extend leave rights to domestic partners who adopt children. In the private sector, employees are allowed 12 weeks of leave for birth and care of a new child. These guidelines also come from federal law.
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