Working While Pregnant and After Birth
These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Indiana.
Pregnancy and Work
Protection Against Pregnancy Discrimination
The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced pregnancy loss. This means that pregnant employees must be treated the same as other employees with similar abilities or limitations. For instance, if an employer provides accommodations like light-duty work for temporarily disabled employees, similar accommodations should be extended to pregnant employees.
The Indiana Civil Rights Law also bans sex discrimination, which probably includes pregnancy discrimination, and covers workplaces with 6 or more employees.
Workplace Accommodations
While Indiana does not have specific laws mandating workplace accommodations for breastfeeding mothers, under the Pregnant Workers Fairness Act, a nationwide law, most workers have a right to “reasonable accommodations” for pregnancy-related conditions unless it imposes an undue hardship. You do not need to have a disability or pregnancy complication to be eligible for an accommodation. Examples of “Reasonable accommodations” can include:
Adjusting work schedules
Providing more breaks
Modifying lifting requirements or duties
Workplace Safety for Pregnant Workers
In Indiana, workplace safety for pregnant workers is governed by both federal and state laws.
Occupational Safety and Health Administration (OSHA): Employers are required to provide a safe working environment for all employees, including pregnant workers. This includes assessing job duties and making necessary accommodations to ensure safety.
It is essential for pregnant workers to communicate their needs with their employers. This can help ensure that appropriate accommodations are made to maintain a safe working environment.
Indiana's Department of Labor provides resources and guidance on workplace safety and rights for pregnant workers. It may be beneficial to consult these resources for specific information and support.
Legal Support: If a pregnant worker feels that their rights are being violated, they may seek legal assistance or file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Indiana Civil Rights Commission.
Taking Time Off from Work
If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child without losing your job (or your health insurance, if you have it).
Eligibility requirements include
- work for the government or a company with 50 or more employees within 75 miles of your worksite;
- have worked with your employer for at least 1 year; - have worked at least 1,250 hours in the year before taking leave.
- If you are covered, you can use the 12 weeks to care for your own serious medical needs, including those related to pregnancy and recovery from childbirth. You may also take the leave on an intermittent basis or may work on a reduced schedule.
While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
When you return to work, you have the right to return to the same or a very similar job unless you fall into a narrow exception.
Pregnancy Leave
Indiana does not have a state-specific pregnancy leave law. However, employers covered by FMLA must allow leave for pregnancy-related conditions. If an employer offers leave for other medical conditions, they must offer the same for pregnancy. Some employers may voluntarily offer paid maternity leave as part of their benefits.
Returning to Work with a Baby
Unfortunately, Indiana does not currently have paid family leave. However, the nationwide PUMP for Nursing Mothers Act applies to nearly all workers and gives you the legal right to private, non-bathroom space and reasonable break time for pumping at work.
It is illegal under the PUMP Act and Pregnancy Discrimination Act for your boss to retaliate against you because you are lactating.
Under Indiana law, if your employer has 25 or more employees, you have the right to express or pump milk at work during any period away from your assigned duties, such as your regular unpaid breaks. Your employer must provide you with a private location, other than a toilet stall, for you to pump milk. Your employer must also provide you with a refrigerator, or let you bring in a cooler, to store your milk, to the extent reasonably possible.
Under Indiana law, you have the right to breastfeed your child in any public or private location.
Break Time for Nursing Mothers: Under the federal Fair Labor Standards Act (FLSA), employers are required to provide:
Reasonable break times for nursing parents to pump breast milk for up to one year after birth
A private, non-bathroom space for expressing milk
Small businesses (with fewer than 50 employees) may claim undue hardship exemptions, but most employers must comply.
Workplace Protections for New Parents
Equal Pay
Indiana employers must comply with federal and state laws prohibiting wage discrimination based on gender.
The Equal Pay Act and Title VII of the Civil Rights Act ensure employees are paid equally for substantially equal work. Learn more
Employment Termination
It is illegal for an Indiana employer to
Retaliate against an employee for taking FMLA leave
Fire or discipline a worker for requesting pregnancy accommodations under PWFA
Job Protection
Employees returning from FMLA leave are entitled to the same or an equivalent job, and equivalent benefits, pay, and working conditions.
Support for Parents in Indiana
Many hospitals and community organizations in Indiana offer resources and support for breastfeeding mothers, including lactation consultants and support groups. These resources can be invaluable as you navigate breastfeeding while returning to work.
Flexible Work Policies
Indiana does not mandate paid parental leave or flexible work schedules. However, many employers may offer remote work options, paid maternity/paternity leave, and flexible hours.
These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Indiana.
These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Indiana.
Pregnancy and Work
Protection Against Pregnancy Discrimination
The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced pregnancy loss. This means that pregnant employees must be treated the same as other employees with similar abilities or limitations. For instance, if an employer provides accommodations like light-duty work for temporarily disabled employees, similar accommodations should be extended to pregnant employees.
The Indiana Civil Rights Law also bans sex discrimination, which probably includes pregnancy discrimination, and covers workplaces with 6 or more employees.
Workplace Accommodations
While Indiana does not have specific laws mandating workplace accommodations for breastfeeding mothers, under the Pregnant Workers Fairness Act, a nationwide law, most workers have a right to “reasonable accommodations” for pregnancy-related conditions unless it imposes an undue hardship. You do not need to have a disability or pregnancy complication to be eligible for an accommodation. Examples of “Reasonable accommodations” can include:
Adjusting work schedules
Providing more breaks
Modifying lifting requirements or duties
Workplace Safety for Pregnant Workers
In Indiana, workplace safety for pregnant workers is governed by both federal and state laws.
Occupational Safety and Health Administration (OSHA): Employers are required to provide a safe working environment for all employees, including pregnant workers. This includes assessing job duties and making necessary accommodations to ensure safety.
It is essential for pregnant workers to communicate their needs with their employers. This can help ensure that appropriate accommodations are made to maintain a safe working environment.
Indiana's Department of Labor provides resources and guidance on workplace safety and rights for pregnant workers. It may be beneficial to consult these resources for specific information and support.
Legal Support: If a pregnant worker feels that their rights are being violated, they may seek legal assistance or file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Indiana Civil Rights Commission.
Taking Time Off from Work
If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child without losing your job (or your health insurance, if you have it).
Eligibility requirements include
- work for the government or a company with 50 or more employees within 75 miles of your worksite;
- have worked with your employer for at least 1 year; - have worked at least 1,250 hours in the year before taking leave.
- If you are covered, you can use the 12 weeks to care for your own serious medical needs, including those related to pregnancy and recovery from childbirth. You may also take the leave on an intermittent basis or may work on a reduced schedule.
While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
When you return to work, you have the right to return to the same or a very similar job unless you fall into a narrow exception.
Pregnancy Leave
Indiana does not have a state-specific pregnancy leave law. However, employers covered by FMLA must allow leave for pregnancy-related conditions. If an employer offers leave for other medical conditions, they must offer the same for pregnancy. Some employers may voluntarily offer paid maternity leave as part of their benefits.
Returning to Work with a Baby
Unfortunately, Indiana does not currently have paid family leave. However, the nationwide PUMP for Nursing Mothers Act applies to nearly all workers and gives you the legal right to private, non-bathroom space and reasonable break time for pumping at work.
It is illegal under the PUMP Act and Pregnancy Discrimination Act for your boss to retaliate against you because you are lactating.
Under Indiana law, if your employer has 25 or more employees, you have the right to express or pump milk at work during any period away from your assigned duties, such as your regular unpaid breaks. Your employer must provide you with a private location, other than a toilet stall, for you to pump milk. Your employer must also provide you with a refrigerator, or let you bring in a cooler, to store your milk, to the extent reasonably possible.
Under Indiana law, you have the right to breastfeed your child in any public or private location.
Break Time for Nursing Mothers: Under the federal Fair Labor Standards Act (FLSA), employers are required to provide:
Reasonable break times for nursing parents to pump breast milk for up to one year after birth
A private, non-bathroom space for expressing milk
Small businesses (with fewer than 50 employees) may claim undue hardship exemptions, but most employers must comply.
Workplace Protections for New Parents
Equal Pay
Indiana employers must comply with federal and state laws prohibiting wage discrimination based on gender.
The Equal Pay Act and Title VII of the Civil Rights Act ensure employees are paid equally for substantially equal work. Learn more
Employment Termination
It is illegal for an Indiana employer to
Retaliate against an employee for taking FMLA leave
Fire or discipline a worker for requesting pregnancy accommodations under PWFA
Job Protection
Employees returning from FMLA leave are entitled to the same or an equivalent job, and equivalent benefits, pay, and working conditions.
Support for Parents in Indiana
Many hospitals and community organizations in Indiana offer resources and support for breastfeeding mothers, including lactation consultants and support groups. These resources can be invaluable as you navigate breastfeeding while returning to work.
Flexible Work Policies
Indiana does not mandate paid parental leave or flexible work schedules. However, many employers may offer remote work options, paid maternity/paternity leave, and flexible hours.
These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Indiana.
Official links
Looking for an organization near you in Indiana?
Hospitals, birth centers, doulas, WIC clinics, milk banks and more are listed by county. Enter a ZIP code or city to see yours.