North Carolina

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

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the Federal Pregnancy Discrimination Act (PDA), employers with 15+ employees cannot discriminate against workers due to pregnancy. Employers must treat pregnancy-related conditions the same as any other temporary medical condition when it comes to hiring, firing, pay, promotions, and job duties.

Example: If an employer provides light-duty work for someone recovering from an injury, they must offer similar accommodations for a pregnant employee when medically necessary.

In North Carolina, the NC Department of Labor and the Equal Employment Opportunity Commission (EEOC) enforce these protections.

Workplace Accommodations for Pregnant and Postpartum Workers
Under the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA), pregnant and postpartum employees are entitled to reasonable workplace accommodations. These may include extra restrooms or hydration breaks, flexible schedules to attend medical appointments, modified tasks or light-duty work, temporary reassignment, leave to recover from childbirth or miscarriage, and remote work options.
In addition to the nationwide protections available under the Pregnant Workers Fairness Act (which also applies to public sector workers), public sector employees in New Carolina may have access to additional protections through agency-specific HR policies.

Workplace Safety
Employers must provide a safe working environment for all employees, including those who are pregnant. Pregnant workers in unsafe conditions have the right to request reassignment or accommodations. Concerns can be reported to the Occupational Safety and Health Administration (OSHA).

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 pregnancy and prenatal care, childbirth and recovery, bonding with a newborn or newly placed child, and caring for a family member with a serious health condition. Eligibility requirements include: Employer has 50+ employees within 75 miles, employee has worked at least 12 months, and employee has logged at least 1,250 hours in the past year.

Pregnancy-Related Leave

If an employer offers sick or medical leave for temporary disabilities, they must allow pregnancy-related leave on the same terms.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the Fair Labor Standards Act (FLSA) and the PUMP Act, employers must provide reasonable break time to express breast milk for one year after birth, and a private, non-bathroom space must be provided for pumping. Applies to most employees, including those in education, healthcare, and transportation

Workplace Protections for New Parents
Equal Pay: North Carolina’s wage laws prohibit gender-based pay discrimination, supporting parental equity in the workplace.

Employment Protection: Employers may not retaliate against employees who take FMLA leave or request pregnancy accommodations.

Job Reinstatement: Under FMLA, employees are entitled to return to the same or equivalent job after parental leave.

Support for Parents in North Carolina

Childcare Assistance

The NC Division of Child Development and Early Education (DCDEE) offers subsidies to help low-income working parents pay for child care.

Work First Family Assistance
North Carolina’s Temporary Assistance for Needy Families (TANF) program provides temporary financial support and job services to eligible low-income families with children.

Flexible Work Policies

Some employers in North Carolina voluntarily offer benefits like paid parental leave, telework or remote work options, and flexible scheduling.