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 Maine.
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 Maine Human Rights Act also bans discrimination based on pregnancy and medical conditions which can result from pregnancy. It covers all employers, regardless of size.
Workplace Accommodations
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.
Under the Maine Act to Protect Pregnant Workers, no matter the size of your employer, if you need a “reasonable accommodation” because of your pregnancy or childbirth, your employer has to give it to you unless it would be really difficult or expensive (an “undue hardship”).
Workplace Safety for Pregnant Workers
In Maine, workplace safety for pregnant workers is protected under the Maine Human Rights Act. Employers are required to provide reasonable accommodations for pregnant employees, which may include:
- Modified Work Duties: If a pregnant employee requests it, employers may need to modify job duties to ensure the safety and health of the employee and the unborn child.
- Flexible Breaks: Pregnant workers may request more frequent breaks or a change in their work schedule to accommodate their needs during pregnancy.
- Temporary Transfers: If a pregnant employee is unable to perform her usual job due to pregnancy-related conditions, employers may need to provide a temporary transfer to a less strenuous position.
- Access to Facilities: Employers should ensure that pregnant employees have access to necessary facilities, such as restrooms and areas to sit down if needed.
Taking Time Off 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, 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). 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.
If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave, including paid vacation, personal, or sick days, while you are taking FMLA leave. The Maine Act to Protect Pregnant Workers may also give you the right to unpaid, job-protected time off work as a “reasonable accommodation.”
The Maine Human Rights Act bans disability discrimination in all workplaces regardless of size. Should your disability require some changes to your position, your employer must provide you with a reasonable accommodation so that you can perform your job, unless it would be very difficult or expensive for them to do so. A reasonable accommodation can include anything from changes to your workspace to modifying your work schedule to restructuring your job.
Pregnancy Leave
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, 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).
Returning to Work with a Baby
Parental Rights for Sick or Family Leave
Maine Family Medical Leave Requirements Act (MFMLRA): Employees who have been with the same employer for 12 consecutive months are entitled to up to 10 workweeks of unpaid family medical leave in any two-year period. This leave can be used for the birth or adoption of a child, or to care for a family member with a serious health condition.
Maine Family Care Act: Allows eligible workers to use up to 40 hours of earned paid leave to care for a sick family member.
Paid Family and Medical Leave (PFML): Starting in 2026, Maine will implement a PFML program granting eligible workers up to 12 weeks of paid leave annually for reasons including childbirth, adoption, personal or family illness, and certain military-related events.
These laws ensure that parents can take necessary time off without fear of job loss.
Workplace Protections for New Parents
Maine enforces several laws to protect new parents in the workplace
Equal Pay: Employers are prohibited from discriminating between employees based on sex or race by paying different wages for comparable work.
Employment Termination: Employers cannot terminate or retaliate against employees for taking protected leave, such as under the FMLA or MFMLRA, or for requesting pregnancy-related accommodations.
Job Protection: Both federal and state laws guarantee that employees can return to their same or an equivalent position after taking parental leave.
Support for Parents in Maine
Maine offers various programs to assist parents in balancing work and family responsibilities:
Childcare Assistance
Child Care Affordability Program (CCAP): Helps eligible families pay for child care so parents can work, attend school, or participate in job training programs. Eligibility is based on income and other factors. Learn more
Temporary Assistance for Needy Families (TANF)
Provides monthly cash assistance to low-income families with children or pregnant individuals. Benefits may also include help with child care, transportation, and other necessities to support work or education efforts. Learn more
Flexible Work Policies
While not mandated by law, some Maine employers 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.
Official links
Looking for an organization near you in Maine?
Hospitals, birth centers, doulas, WIC clinics, milk banks and more are listed by county. Enter a ZIP code or city to see yours.