Written by

Gina Conley, MS

June 25, 2024

Navigating Maternity Rights in the Workplace

Motherhood

If you’ve been wondering what your rights are during your pregnancy, after you give birth, and when you return to the workplace, this is the blog for you. We had the pleasure of hosting Daphne Delvaux, also known as The Mama Attorney, who specializes in employment workplace rights, particularly those related to pregnancy and the postpartum period. This episode is packed with valuable information that every expecting and new mother should know.

Meet Daphne Delvaux: The Mama Attorney

Daphne Delvaux, Esq. is an award-winning trial attorney and Founder of Delvaux Law, the nation’s first and only law firm devoted to women’s rights at work.

Daphne is also the creator of the Mamattorney, a platform on a mission to educate mothers on their rights at work and teach them how to advocate for their needs so they can protect their pregnancies, get more time with their kids, get more benefits and ask for accommodations, without sacrificing their career goals. Daphne offers a membership, the Liberated Mother Society, to help mothers understand and assert their rights in the workplace. She is also the co-founder of Chamber of Mothers; a nonprofit organization uniting mothers to advocate for more protections.

As the only employment lawyer in the motherhood space, Daphne is routinely seen as THE expert on pregnancy and postpartum discrimination as well as maternity leave regulations. To learn more about her offers, click here.

Key Takeaways from Our Conversation with Daphne Delvaux

1. Announcing Your Pregnancy:

One of the first crucial points Daphne addresses is the timing of announcing your pregnancy at work. While many women wait to ensure the pregnancy is secure or out of fear of discrimination, Daphne advises announcing early. Here’s why:

Legal Protections: Your employer needs to know about your pregnancy for you to access any legal protections or accommodations.
Medical Leave: In case of complications, announcing early ensures you can utilize medical leave.
Operational Ease: Early announcement allows your employer to plan for your absence, reducing potential resentment or operational challenges.

Daphne emphasizes the importance of making this announcement in writing and keeping a record of it. Verbal notifications can be overlooked or forgotten, and having written proof protects your rights if disputes arise.

2. Rights During Pregnancy

Accommodations and Protections: Pregnant employees are entitled to certain accommodations under laws like the Pregnant Workers Fairness Act. This includes adjustments to your work environment to ensure your health and safety during pregnancy.

The Pregnant Workers Fairness Act

For those without paid leave, the Pregnant Workers Fairness Act offers a lifeline. This federal law requires employers to provide reasonable accommodations for pregnant workers, which can include:

Remote Work: Allowing new mothers to work from home to stay close to their babies.
Part-Time Work: Adjusting work hours to balance recovery and income needs.

3. Rights in the Event of Pregnancy Loss:

A common misconception is that women have no rights if they experience a pregnancy loss. Daphne clarifies that pregnancy loss is considered a medical event, not just a bereavement issue. Here’s what you need to know:

Medical Leave: You can request medical leave, which is typically 12 weeks under federal law, though state laws may offer different durations.
Accommodations: States like California offer up to four months of paid leave for pregnancy loss.
Work Adjustments: The Pregnant Workers Fairness Act allows for accommodations like remote work to help you through the grieving and healing process.

3. Preparing for Maternity Leave:

Leave Planning: Start preparing for your leave as soon as you know you’re pregnant. This helps your employer plan for your absence and reduces the risk of discrimination when you return to work.
Membership Program: Daphne offers a membership program to guide women through their rights and preparations, providing a community and resources to navigate this complex process.

4. Navigating Postpartum Leave:

The landscape of maternity and paternity leave in the United States is complex and varies significantly by state and employer. Here are some highlights:

Federal Leave: Federal employees have access to paid leave, but this is not the case for all Americans.
State-Specific Rights: Approximately 30% of Americans have state-level benefits. For example, California provides extensive paid leave options.
Employer-Specific Benefits: Many employers offer leave benefits, but the specifics can vary widely.

Daphne’s database and portal are invaluable resources for understanding your specific rights based on your state and employer.

Instructors

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Postpartum And Newborn Care

This course breaks down what to expect postpartum from the moment your baby is born to the first few weeks postpartum! Learn what options you have available to you in your care!

5. Extending Maternity Leave for Postpartum Conditions:

Did you know that you can extend your maternity leave for postpartum anxiety and depression? Daphne highlighted that many women are unaware of this option. Mental health is a crucial aspect of postpartum recovery, and taking additional leave can provide the support you need during this vulnerable time.

Practical Steps for Mothers

Announce Early and in Writing: Ensure your pregnancy is documented with your employer to access necessary protections.
Understand State-Specific Rights: Use resources like Daphne’s database to know your specific rights.
Explore All Leave Options: Beyond federal laws, look into state benefits and employer-specific policies.
Leverage the Pregnant Workers Fairness Act: Request reasonable accommodations if you do not have paid leave.
Seek Extensions for Postpartum Health: Don’t hesitate to ask for leave extensions if experiencing postpartum anxiety or depression.

Conclusion

Understanding your rights during pregnancy and postpartum is crucial for protecting your health, career, and family. By staying informed and proactive, you can navigate the complexities of workplace accommodations and leave options more effectively. Daphne Delvaux, The Mama Attorney, offers invaluable resources and support through her membership program, helping mothers across the U.S. empower themselves and advocate for their rights.

For more insights and support, consider joining Daphne’s membership program, and don’t forget to check out Gina’s upcoming book, “Training for Two,” available for pre-order now. Stay strong, stay informed, and continue empowering your journey through pregnancy, birth, and beyond with MamasteFit.