Kentucky

In Kentucky, various laws and programs are designed to support pregnant workers and new parents as they navigate the balance between work and family responsibilities. Below is an overview of these protections and resources:

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees are prohibited from discriminating against workers based on pregnancy, childbirth, or related medical conditions. This means that pregnant employees must be treated the same as other employees with similar abilities or limitations.

In addition, the Kentucky Pregnant Workers Act (KPWA), effective since June 27, 2019, requires employers to provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions, unless it would impose an undue hardship on the operation of the business. Employers are also required to inform employees of these rights.
If a pregnant worker believes their rights have been violated, they can seek legal assistance or file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights.

Workplace Accommodations

Under the Pregnancy Discrimination Act (PDA), employers are prohibited from discriminating against employees based on pregnancy, childbirth, or related medical conditions. This means that pregnant workers are entitled to reasonable accommodations to ensure their health and safety while at work.
Pregnant employees may request accommodations such as modified duties, additional breaks, or changes in work schedules to protect their health and that of their unborn child.
Safe Working Conditions: Employers are required to provide a safe working environment. If a pregnant worker feels that their job poses a risk to their health or the health of their baby, they should communicate their concerns to their employer. The Kentucky Labor Cabinet provides resources and guidance on workplace safety and rights for pregnant workers.
Protection from Discrimination: It is illegal for employers to terminate or demote an employee solely due to pregnancy or related conditions. If a pregnant worker believes they have been discriminated against, they can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights.

Workplace Safety for Pregnant Workers
Employers are obligated to maintain a safe working environment for all employees, including those who are pregnant. If a pregnant worker believes her job poses a risk to her health or that of her unborn child, she can request a workplace accommodation. Employers are required to provide reasonable accommodations unless it causes undue hardship.

Taking Time Off Work

If you are covered by the Family and Medical Leave Act, you have the right to take time off during pregnancy or after experiencing a miscarriage without losing your job.
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, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
The Pregnant Workers Fairness Act may provide you with unpaid time off from work as a reasonable accommodation for a limitation related to your pregnancy or a related medical condition. For example, if you need time off for morning sickness, prenatal appointments, or bed rest, then the Pregnant Workers Fairness Act can help. Note that under the federal law, your employer may not push you onto unpaid leave if another reasonable accommodation (like a transfer) would allow you to keep working.
Kentucky’s Pregnant Workers Act may also give you the right to unpaid, job-protected time off work as a “reasonable accommodation.”

Pregnancy Leave
While Kentucky does not have a state-specific law mandating pregnancy leave, employers covered by FMLA must provide eligible employees with unpaid leave for prenatal care, pregnancy-related incapacity, and childbirth. Additionally, if an employer offers medical or sick leave for other conditions, they must extend the same to pregnancy-related conditions.

Returning to Work with a Baby
Break Time for Nursing Mothers
The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, enacted in 2022, requires employers to provide reasonable break time and a private, non-bathroom space for employees to express breast milk for up to one year after the child's birth.
In Kentucky, state law further supports breastfeeding by allowing mothers to breastfeed in any public or private location where they are otherwise authorized to be.

Parental Rights for Sick or Family Leave
If a child or family member has a serious health condition, eligible employees may qualify for unpaid leave under FMLA to provide care. This includes time off to care for a newborn or a newly adopted child.

Workplace Protections for New Parents
Equal Pay: Kentucky law ensures that employees are entitled to equal pay for equal work, regardless of gender or parental status.

Employment Termination: Employers are prohibited from terminating or retaliating against employees for taking protected leave (e.g., FMLA) or requesting pregnancy-related accommodations.

Job Protection: FMLA guarantees that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in Kentucky
Childcare Assistance
The Child Care Assistance Program (CCAP) helps low-income families pay for child care. Eligibility is based on income and family size, and applicants must be working, attending school, or participating in job training.

Temporary Assistance for Needy Families (TANF)
The Kentucky Transitional Assistance Program (KTAP) provides monthly cash payments to help families with children pay for basic needs such as food, clothing, housing, and utilities. Eligibility is based on income and resource limits.

Flexible Work Policies
While not mandated by law, some Kentucky employers may offer flexible work arrangements, remote work options, or paid parental leave as part of their benefits packages. Employees are encouraged to consult their employer's human resources department to learn about available options.
These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Kentucky.