Prohibitions against Pregnancy Discrimination
It is unlawful to discriminate based on sex. “Sex” includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth.
*Applies to employers with at least one employee for at least a quarter of the year.
North Dakota does not provide additional protections to the federal law.
Pregnancy-related Disability Accommodation
North Dakota does not specifically accommodate pregnancy or its attendant medical conditions as a disability.
A woman may breastfeed her child in any location, public or private, where the woman and child are otherwise authorized to be. It is unclear whether this authorization extends to a woman’s place of employment.
For the text of the statute, click here.
An employer may use the designation “infant friendly” on its promotional materials if the employer adopts specified workplace breastfeeding policies, including scheduling breaks and permitting work patterns that provide time for expression of breast milk; providing a convenient, sanity, safe and private location other than a restroom for expressing breast milk; and a refrigerator in the workplace for the temporary storage of breast milk.
Family and Childcare Leave Laws
During a period that an employee takes family leave, the employer must continue to make any group health insurance coverage or health care plan for its employees and their dependents available to the employee and the employee's dependents under the conditions that applied immediately before the family leave began. The employer is not required to pay any cost of insurance or health care for that employee and the employee's dependents while the employee is on family leave.
*Excludes subdivisions of the state.
Following the birth or adoption of a child, state employees are eligible for up to twelve workweeks aggregate between parents, within a twelve month period; leave does not have to be paid. Family leave supplements any leave otherwise available to an employee. Leave does not limit employee’s rights or benefits.
State employees may be entitled to leave to care for a spouse with a serious health condition.
For the federal Pregnancy Discrimination Act, click here.
For the federal Family and Medical Leave Act, click here.
For further information on your pregnancy rights, contact Legal Momentum.
Copyright 2013 Legal Momentum