For many people, announcing the fact that they’re pregnant is just one fun step in the beginning of their pregnancy journey. People go to elaborate lengths to tell the world about their future babies: Professional photo shoots, scavenger hunts, making up songs, or if you’re a celebrity– the classic “baby bump reveal at the Super Bowl” sort of situation.
No matter your profession, though, there may be one place revealing you’re pregnant isn’t so exciting: At work. Lots of people wonder if being pregnant might impact their job stability, or ability to get hired at a new job; and dwell on when and how is best to tell employers the news.
So today we’re speaking with organizational psychologist, Aliceanne Schmidt, MS, SHRM-SPC—a lot of initials which essentially indicate she is an expert in HR—to answer all of these questions and more. This way you can focus on what’s important (your Rihanna-style baby bump reveal) knowing that you won’t be punished for it at work.
When to Tell Your Boss You’re Pregnant
According to Schmidt, there is no legal requirement to ever tell your place of work about your pregnancy– and certainly not immediately. Of course most people will want to, since most people will need some time off of work.
“Many people wait until after the first trimester, because unfortunately, miscarriages are pretty common during that time,” she says. “And once it gets closer to your due date, you’ve got to start thinking about family medical leave and get all the paperwork required for that which takes about 30 days.
“So really, anywhere between after your first trimester and about 30 days before you’re due, and other than that, it’s up to how you feel.”
She adds that if you’re somebody who might have complications with pregnancy—perhaps you’ll need more doctor’s visits, you’ve developed gestational diabetes, or just need more time off—you’ll want to tell your employer sooner than later.
How to Tell Your Boss You’re Pregnant
In an ideal world, says Schmidt, you have a great manager and you guys are having weekly or bi-weekly check-ins at work anyway, to discuss your work and how things are going.
“Just using one of those regular meetings to let them know, would be a good time to do it,” says Schmidt. Other details you might include when talking to your manager are: your due date and medical leave.
Schmidt says you might say something along the lines of: “I’m pregnant, and this is my due date. I’ve looked into what our [maternity leave] policy is, and I see I have X number of paid days off, or whatever the case.” She adds that you don’t have to add any details involving your health when talking to your employer, but that HR might ask you those more private questions.
How Much Time Can You Take Off?
The answer to this question really depends on your employer and the state you’re living in.
According to Schmidt, everyone, in every state, is allowed to take up to 12 weeks off of work—unpaid, mind you—but this Family and Medical Leave allows for both mother, father, and same sex couples to take time off of work and return knowing they still have a job.
Some states mandate paid family leave, including California, Connecticut, Massachusetts, New Jersey, Rhode Island, Washington, Colorado, Delaware, Maine, Maryland, Minnesota, and Oregon, as well as the District of Columbia.1
And some employers also offer paid family leave, often for both parents. This is something that would be included in your work’s benefits package.
Can Being Pregnant Impact Job Security?
“I think it’s important for people to understand there are a number of Federal laws that have been in place, some of them for a very long time, to protect you as a pregnant woman in the workplace,” says Schmidt.
These laws include:
- Pregnancy Discrimination Act: This is part of Title VII of the Civil Rights Act of 1964 and requires employers to treat pregnancy like any other temporary disability.2
- The Americans with Disabilities Act: This applies if a pregnancy causes complications that qualify as a disability.3
- Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including childbirth. (Also note: This applies to fathers and same sex parents in all states.) There are certain qualifications to meet for FMLA.4
- Pregnant Workers Fairness Act (PWFA): This just went into effect in June of 2023. It requires employers with 15 or more employees to provide “reasonable accommodations” for pregnancy or childbirth.5
- Fair Labor Standards Act (FLSA): This requires employers to provide a reasonable break time and private space (not a bathroom) for nursing mothers.6
“Fundamentally, HR’s job is to protect the company from lawsuits,” says Schmidt. “So if you go to HR and say, ‘I told my manager I was pregnant and now they’re changing my job duties, or they’re telling me I won’t get promoted,’ or anything like that, HR is going to talk to your manager and say, 'Stop doing that right now.”
“There are really, really clear protections around pregnancy. And most managers should know that.”
What is Short Term Disability for Pregnancy?
When people talk about “Short Term Disability for Pregnancy," they are talking about a couple of different things:
1. Short-Term Disability Insurance (STD)
Some employers offer STD that pays anywhere between 50 to 70 percent of your regular salary during medically-certified leave, including childbirth. This typically covers about six to eight weeks postpartum, depending on the company. Private STD policies are also available, but must be purchased before becoming pregnant (most exclude pre-existing conditions).7
2. State Temporary Disability Insurance (TDI): Unfortunately this is only mandated in California, New Jersey, New York, Rhode Island, and Hawaii. In these states, employers are required to pay a portion of income during pregnancy, complications, or recovery.8
Schmidt sums this up by describing short term disability for pregnancy as “a payout to help you pay the rest of your bills,” aside from just medical bills.
What if You’re Interviewing for a New Job?
If you’re interviewing for a new job, there is absolutely no requirement to tell your potential future employer that you’re pregnant or hoping to get pregnant, says Schmidt, adding that personally, she would not.
“Most of us like to think that we're unbiased, and we're going to see everything equally. But let's be honest, if I'm trying to get a job and there are other applicants who are also really good that I'm competing with, I wouldn’t want [my pregnancy] to be used against me.”
She also adds that it is illegal for a potential employer to ask if you’re pregnant or planning on getting pregnant.
What if Work is Not Cool About Pregnancy?
Schmidt has made it pretty clear at this point that pregnant people have lots of legal protections and that work definitely shouldn’t be able to hold pregnancy against you—but what if they do?
“Document everything,” says Schmidt. “Even if it's just notes that you make after a conversation. Save any emails, and keep it all on a file.”
“Let’s say you’re going for a promotion at work and they tell you something like, ‘Well we’re really looking for somebody who will be more committed, and you’re probably going to be out of here soon with maternity leave.’ Or they take away some of your duties to ‘help you’ because you’re pregnant.
“They cannot use the fact that you’re pregnant or might become pregnant against you. That’s illegal,” she stresses.
“So that is definitely the time to reach out to HR.” HR can then speak to your manager—remember, it is HR’s job to put out fires and protect both you and the company—so hopefully this should do it.
When to Take Legal Action
Let’s say you tell your employer that you’re pregnant and then mysteriously and suddenly, you get fired a couple of weeks later. While this isn’t exactly common, it could happen; and if you feel like it’s discrimination because of your pregnancy, “that’s when you hire a lawyer,” says Schmidt.
If your legal battle is successful, the company can either rehire you (if you’re willing to go back to work for the people who fired you for being pregnant), or pay you for lost wages, according to Schmidt.
Luckily, the law is on pregnant people’s side, and there are many protections in place. So even though the conversation might feel daunting or awkward, pregnant people should at least not worry it will cause them to lose their job– because that is illegal.
A note on sex and gender: Sex and gender exist on spectrums, and this article uses terms like “male” or “female” to refer to sex assigned at birth. Learn more.
