“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: Can I ask an employee if she’s pregnant?

Question:

Can I ask an employee if she’s pregnant?

Answer from Angela, PHR:

We recommend you not ask an employee if she’s pregnant. Generally, employers may not inquire about an employee’s private health information unless an employee has requested an accommodation or leave. It’s understandable that you will need to plan for her absence; however, pressuring her to notify you before she is ready could expose the company to potential liability.

Also, employees are under no obligation to inform their employer of a pregnancy. The only exception is if an employee is planning to take leave under the Family and Medical Leave Act (FMLA), which requires 30 days’ advance notice for leaves that are foreseeable.

We are often asked this question because employers believe they need to take special precautions with pregnant employees, so allow me to give you a bit of additional information on that subject:

  • You may not require medical certification that an employee may continue working while pregnant.
  • You should not put the employee on restricted duty or make any other modifications to her work unless she has informed you that she has restrictions due to a health condition.
  • You may not force a pregnant employee into a leave of absence or work restriction while she is still capable of performing the essential duties of her job.
  • The employee alone is responsible for making decisions that affect her safety and that of her future offspring.
  • You are prohibited from retaliating against an employee who has spoken up or registered any kind of complaint about interference with her sole decision-making.
  • Once the employee notifies you of the pregnancy, you should ensure that she knows she has options available to her if at some point she needs an accommodation to do her work.

Angela, PHR

Angela has extensive experience in HR, conflict management and employee relations. She spent several years working as a high volume (and full cycle) recruiter for a large multi-channel retailer. Angela earned her B.A. in English Literature and Criminology from the University of South Florida. and also holds a paralegal certification from Saint Petersburg College.

Leave a comment

Never miss an opportunity to earn HRCI/SHRM credits, identify a mentor, or connect 1:1 with another HR Girlfriend in your city or across the country.

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
All
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
Career Mondays

Career Monday: 12 Rules to Increase Your Productivity

Does your productivity ever get hampered by your desire to find the best possible solution? As you seek the easiest or fastest route to your …

Read More →
HR Q&A

Q&A: Can We Ask Employees About Food Allergies?

No. However, employees who do have food allergies or restrictions would likely appreciate it if you made sure that they also get to partake of …

Read More →
Affirmation

Affirmation: 7 Things You Should Care Less About

Some things are worthy of your attention and concern. Others are not. Spending too much mental energy on the wrong things can move you further …

Read More →
Share via
Copy link
Powered by Social Snap