Federal Law Pregnancy Leave: What Employers Must Provide (and What “Pregnancy Leave Act” Usually Means)

Employers searching for federal law pregnancy leave requirements typically want a clear answer to two questions: Is pregnancy leave required by federal law, and what protections apply? At the federal level, there isn’t a single statute formally titled the “pregnancy leave act.” Instead, pregnancy-related leave and accommodations are governed through a set of core federal laws—primarily the Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA) under Title VII, the Americans with Disabilities Act (ADA) (as amended), and the Pregnant Workers Fairness Act (PWFA)—plus wage/benefit rules that may apply depending on your policies.

This SwiftSDS guide breaks down the federal baseline, what HR must do in practice, and how to avoid common compliance pitfalls.

What federal law covers pregnancy leave (and what it doesn’t)

There is no single “Pregnancy Leave Act” at the federal level

When employees ask about a “pregnancy leave act,” they usually mean FMLA leave or pregnancy-related job protections. Federal law generally provides:

Job-protected leave for eligible employees under FMLA
Anti-discrimination protections for pregnancy, childbirth, and related conditions under Title VII/PDA
Reasonable accommodations for pregnancy-related limitations under PWFA, and potentially under the ADA
Pay rules only if you offer paid leave (federal law does not require paid maternity leave for most private employers)

For broader context on federal protections employees rely on, see SwiftSDS’s overview of the 5 rights of workers.

FMLA: The primary federal law that provides pregnancy leave

The Family and Medical Leave Act (FMLA) is the main federal mechanism for pregnancy and parental leave. It provides up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying reasons, including:

Prenatal care
Incapacity due to pregnancy
Childbirth and recovery
Bonding with a newborn (within 12 months of birth)

Coverage threshold (which employers must comply)

FMLA generally applies to private employers with 50 or more employees within a 75-mile radius, and most public agencies and schools. Employee eligibility generally requires:

12 months of employment (not necessarily consecutive)
1,250 hours worked in the previous 12 months
Worksite meets the 50-employee/75-mile threshold

Small employers often need a clear “yes/no” on whether they’re covered. SwiftSDS breaks this down in Family medical leave act for small business.

Actionable FMLA compliance steps for HR

Use eligibility and rights notices promptly. When leave may be FMLA-qualifying, provide the required FMLA notices within the required timeframes.
Request medical certification appropriately. For pregnancy-related incapacity, certification can be requested consistent with FMLA rules.
Maintain benefits during leave. Continue group health coverage on the same terms as if the employee were working.
Restore the employee to the same or equivalent job. With limited exceptions, reinstate to an equivalent role (pay, shift, benefits, duties).

Tip: Misclassification is a frequent pain point. If you’re unsure whether non-employee workers qualify, review are contractors eligible for fmla.

Multi-state nuance: FMLA is federal, but state laws can add more

Federal FMLA sets a floor, not a ceiling. Some states provide paid family leave or broader coverage. If you operate in multiple states, use SwiftSDS jurisdiction pages to confirm posting and compliance basics—start with Federal (United States) Posting Requirements, then check your state pages like Illinois (IL) Posting Requirements or Ohio (OH) Labor Law Posting Requirements.

Pregnancy Discrimination Act (PDA): Equal treatment for pregnant workers

The Pregnancy Discrimination Act is part of Title VII of the Civil Rights Act of 1964. It prohibits discrimination based on pregnancy, childbirth, or related medical conditions.

What the PDA requires in practice

Under the PDA, employers must treat employees affected by pregnancy or related conditions the same as other employees similar in their ability or inability to work. This often impacts:

Light duty policies
Leave policies
Attendance policies and “no-fault” systems
Benefit access (e.g., short-term disability if offered)

If an employer offers leave or modified duty for other temporary medical conditions, the PDA generally requires similar access for pregnancy-related conditions.

For a deeper EEO lens that often underlies pregnancy discrimination analysis, see as it pertains to employment opportunity the eeo strives to.

PWFA: Reasonable accommodations for pregnancy-related limitations (2023+)

The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions—unless doing so would cause an undue hardship.

Common reasonable accommodations for pregnancy

Examples frequently implemented in HR practice include:

More frequent breaks, water breaks
Temporary lifting restrictions or assistance
Seating/standing modifications
Schedule adjustments or shorter shifts temporarily
Temporary reassignment of marginal tasks
Modified uniforms or PPE sizing adjustments

Key compliance points

Engage in an interactive process (similar to ADA best practices).
Don’t require an employee to take leave if another reasonable accommodation would allow them to work.
Document the accommodation request, evaluation, and outcome.

Because PWFA accommodation workflows often overlap with ADA processes, many employers align their forms and procedures. SwiftSDS has resources on ada hr and practical documentation via ada forms for employers.

ADA: When pregnancy-related conditions may be disabilities

Pregnancy itself is not automatically a disability under the ADA, but pregnancy-related impairments can qualify (e.g., gestational diabetes, preeclampsia, severe nausea/vomiting, postpartum depression in some circumstances). If a condition substantially limits a major life activity, ADA accommodation obligations may apply.

How ADA and PWFA interact

Many pregnancy limitations are now addressed directly under PWFA, but HR should still evaluate whether ADA also applies—especially when conditions are severe or extended. A conservative compliance approach is to:

Treat pregnancy-related limitations as potentially covered under PWFA
Assess whether the medical condition also triggers ADA protections
Apply whichever rule provides the employee greater protection, where applicable

Is pregnancy leave paid under federal law?

In most private employment settings, federal law does not require paid maternity leave. However, pay can enter the picture when:

The employee uses accrued paid time off under your policies
The employee is covered by short-term disability (employer-provided or employee-elected), depending on plan terms
State paid family leave programs apply (outside the federal scope)

Also remember that pay practices for non-exempt employees must comply with the Fair Labor Standards Act (FLSA) for minimum wage and overtime. Maintain proper wage compliance posting and awareness; SwiftSDS provides the federal notice, Employee Rights Under the Fair Labor Standards Act, which is commonly required for covered employers.

Posting and notice compliance: Don’t overlook the basics

Pregnancy leave compliance often fails on process, not intent. To reduce risk:

Confirm required federal postings and any state-specific posters through Federal (United States) Posting Requirements.
If you have employees in specific states, verify additional posting obligations (examples: Florida (FL) Labor Law Posting Requirements, Maryland (MD) Labor Law Posting Requirements).

State requirements can also include pregnancy-related postings. For example, Massachusetts has a dedicated parental leave notice—see the Notice: Parental Leave in Massachusetts when operating in that jurisdiction.

Practical compliance checklist for HR and business owners

Use this short checklist to operationalize federal law pregnancy leave:

Identify which law applies
- FMLA (job-protected leave)
- PDA (equal treatment/non-discrimination)
- PWFA/ADA (reasonable accommodations)
Train managers to escalate pregnancy-related requests
Employees may say “I need lighter work” or “I have appointments”—treat these as potential accommodation/leave triggers.
Standardize documentation
Keep consistent medical certification and accommodation request documentation, and store it separately from personnel files where required.
Coordinate leave and accommodations
If an employee can keep working with an accommodation, don’t force leave. If leave is needed and FMLA-eligible, run FMLA concurrently where appropriate.
Apply policies consistently
Inconsistent treatment is a common driver of discrimination claims under PDA/Title VII.

FAQ: Federal law pregnancy leave

Is there a federal “pregnancy leave act” that guarantees maternity leave?

No single federal statute is formally named the “pregnancy leave act.” Most federal pregnancy leave protections come through FMLA (job-protected unpaid leave for eligible employees) and Title VII/PDA, PWFA, and sometimes the ADA (anti-discrimination and accommodations).

Can an employer require a pregnant employee to take leave instead of accommodating them?

Often no. Under the PWFA, employers generally must provide a reasonable accommodation for pregnancy-related limitations unless it causes undue hardship, and they should not force leave if another accommodation would allow the employee to work.

Does federal law require paid maternity leave?

Generally, no. Federal law primarily provides job protection and anti-discrimination/accommodation rights. Paid leave may come from employer policy, short-term disability benefits, or state programs.

For related SwiftSDS guidance that expands beyond pregnancy leave into the broader leave and compliance ecosystem, review Family medical leave act for small business and jurisdiction-specific resources like California family leave to understand how state rules may add to the federal baseline.