Louisiana

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Louisiana.

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. That means your boss can’t fire you or cut your hours when they find out that you’re pregnant or trying to get pregnant. You also have the right to be free from harassment at work because you are pregnant.
If your employer asks you about your pregnancy or plans to have children in a job interview, that may be evidence of pregnancy discrimination.
Your employer can’t treat you differently from other workers just because you are pregnant or have experienced pregnancy loss.
The Louisiana Employment Discrimination Law also bans discrimination based on pregnancy, childbirth, and related medical conditions, and covers employers with more than 25 employees. Under the law, your employer must treat pregnant women the same as temporarily disabled employees in terms of taking sick leave or other accrued leave.

Workplace Accommodations

If you are working and pregnant, recovering from childbirth, pumping milk, or have a related medical condition, the Pregnant Workers Fairness Act can help you protect your health and the health of your pregnancy, without losing your job.
Under the Pregnant Workers Fairness Act, a nationwide law, most workers have a right to “reasonable accommodations,” or temporary changes at work. You do not need to have a disability or pregnancy complication to be eligible for an accommodation.

Workplace Safety for Pregnant Workers

Occupational Safety and Health Administration (OSHA): Employers are required to provide a safe working environment for all employees, including pregnant workers. This includes addressing any potential hazards that could affect the health of the employee or their pregnancy.
Pregnant workers should communicate their needs for accommodations or any concerns about workplace safety to their employers. This proactive approach helps ensure a safe and supportive working environment.
Legal Support: 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 Louisiana Commission on Human Rights.

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 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.

Returning to Work with a Baby
In Louisiana, returning to work after having a baby involves several considerations for new parents, particularly regarding their rights and available support.

Federal Protections: PUMP for Nursing Mothers Act
The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, enacted in 2022, mandates that employers nationwide, including those in Louisiana, provide:
Reasonable break time for employees to express breast milk for up to one year after the child's birth.
A private, non-bathroom space shielded from view and free from intrusion for this purpose.
These rights apply to nearly all employees, including salaried and exempt workers.

Louisiana State Protections

In addition to federal laws, Louisiana has specific provisions

The Louisiana Department of Health has policies supporting lactating employees, ensuring reasonable break times and private spaces for milk expression.

Parental Rights for Sick or Family Leave

Under the federal FMLA, eligible employees in Louisiana are entitled to

Up to 12 weeks of unpaid, job-protected leave within a 12-month period for the birth and care of a newborn child, placement of a child for adoption or foster care, caring for an immediate family member with a serious health condition, and the employee's own serious health condition.
Employees must have worked for their employer for at least 12 months and logged at least 1,250 hours over the past year.

Paid Parental Leave: As of 2023, Louisiana state government employees are entitled to 6 weeks of paid parental leave following the birth or adoption of a child.
Concurrent Leave Usage: State employees must use accrued paid leave concurrently with FMLA leave.

Workplace Protections for New Parents
Pregnancy and Parental Leave Protections
Louisiana law mandates that employers provide up to 6 weeks of leave for normal pregnancies, up to 4 months of leave for disabilities related to pregnancy, childbirth, or related medical conditions. Learn more
This leave can be unpaid, and employers may require employees to use accrued paid leave.

Anti-Discrimination Laws

Employers in Louisiana are prohibited from

Discriminating against employees based on pregnancy, childbirth, or related medical conditions.
Retaliating against employees for exercising their rights under the FMLA or state leave laws.

Support for Parents in Louisiana
Childcare Assistance
The Child Care Assistance Program (CCAP) provides financial assistance to eligible low-income families for childcare expenses while they work or attend school.
Eligibility: Families must meet income guidelines and have children under 13 years old (or under 18 if the child has special needs).

Application: Apply online through the Louisiana CAFE Portal.

Temporary Assistance for Needy Families (TANF)
In Louisiana, TANF is administered through the Family Independence Temporary Assistance Program (FITAP), offering monthly cash assistance to eligible low-income families with children.
Eligibility: Based on income, resources, and family composition.
Application: Apply via the Louisiana CAFE Portal.

Flexible Work Policies
While Louisiana law does not mandate flexible work arrangements, some employers may offer:

• Flexible scheduling.
• Remote work options.
• Job-sharing arrangements.

State agencies are encouraged to consider flexible work schedules to improve employee retention and morale. Learn more

These laws and programs aim to support pregnant workers and new parents in Louisiana as they balance work and family responsibilities.