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When one of our team members comes to us and says they’re pregnant, I bet the majority of us groan internally and say ‘congratulations’ with a strained smile. It’s not that we’re not happy for the new, growing family, but selfishly, that means we’re down an employee while they’re on maternity leave, and we have to quickly adjust our current policies and procedures to protect the mom and unborn baby.

But hang on just a minute before you start telling them what they can and cannot do.

Pregnant employees are protected under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), which prohibit discrimination based on pregnancy. Discrimination in this context refers to preventing employers from treating pregnant employees unfairly based on their pregnancy. Employers cannot discriminate against pregnant employees in regard to hiring, firing, promotions, or any other employment-related decisions simply because they are pregnant.

This means that you, as a Practice Owner or Manager, cannot dictate what a pregnant employee can or cannot do simply because they’re pregnant. If they were performing a task the week before they informed you they were pregnant, you are obligated to allow them to continue performing the task unless otherwise informed by their doctor, even if you deem the task to be hazardous.

So, what can you do as a concerned and conscientious employer?

You should immediately provide the employee with a current job description and ask them to have their doctor approve or decline any high-risk activities ASAP, including, but not limited to:

Heavy Lifting: Pregnant employees should avoid heavy lifting and tasks that could cause strain or injuries.

Radiation: Pregnant employees should minimize exposure to ionizing radiation, especially during the first trimester.

Chemical Exposure: Pregnant employees should avoid handling hazardous chemicals and drugs or inhaling gases that could harm the baby.

Zoonotic Diseases: Pregnant employees should avoid contact with animals, their waste or bodily fluids that pose a high risk of zoonotic infections.

You can also offer reasonable accommodations, such as providing more frequent breaks, adjusting work hours, or temporarily reassigning them to lighter-duty roles, if requested.

Ultimately, the goal is to protect the employee and baby’s health while ensuring the employee can continue to contribute meaningfully within a safe environment and adhering to legal rights as an employer.

Need help updating your practice’s job descriptions? We can help! Email mbingham@granitepeakcpa.com for more information.

Written by Meghan Bingham, CVPM