Mississippi

In Mississippi, 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 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 pregnant employees must be treated the same as other employees with similar abilities or limitations. Additionally, the Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the operation of the business.

State-Level Efforts: Mississippi does not currently have a state law equivalent to the PWFA. However, legislative efforts have been made to introduce such protections. For instance, House Bill 1361 and Senate Bill 2114 were introduced to establish the Mississippi Pregnant Workers Fairness Act, aiming to prohibit discrimination in employment based on pregnancy, childbirth, or related conditions. These bills, however, have not been enacted into law. Learn more

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. Under federal law, employers are required to provide reasonable accommodations unless it causes undue hardship.

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Under federal law, eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons, including childbirth and caring for a newborn. Eligibility requirements include:

• Employment with a covered employer (private-sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools).
• Having worked for the employer for at least 12 months.
• Accumulated at least 1,250 hours of service during the 12 months prior to the leave. Learn more

Pregnancy Leave
Mississippi does not have a state-specific law mandating pregnancy leave. However, 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
Federal Protections: The 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. Learn more
State Protections: Mississippi law upholds the right to breastfeed at work or in any public place. Specifically, Miss. Code Ann. § 71-1-55 prohibits discrimination against breastfeeding mothers who use lawful break time to express milk.

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.

Workplace Protections for New Parents

• Equal Pay: While Mississippi does not have a state-specific equal pay law, federal laws prohibit wage discrimination based on gender.
• 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 Mississippi
Childcare Assistance
The Child Care Payment Program (CCPP), administered by the Mississippi Department of Human Services, provides financial assistance to eligible families for childcare expenses. This program supports parents who are working, seeking employment, or attending school or job training. Learn more

Temporary Assistance for Needy Families (TANF)

TANF provides monthly cash payments to help families with children under age 18 pay for basic needs such as food, clothing, housing, and utilities. Eligibility is based on income and resource limits. Learn more

Flexible Work Policies
While not mandated by law, some Mississippi 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 in Mississippi as they balance work and family responsibilities.