Wisconsin

Pregnancy and Work in Wisconsin

Protection Against Pregnancy Discrimination

In Wisconsin, pregnant workers are protected under several federal laws

Pregnancy Discrimination Act (PDA): Prohibits employers with 15 or more employees from discriminating based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy-related conditions the same as other temporary medical conditions in terms of employment decisions.

Americans with Disabilities Act (ADA): While pregnancy itself isn't considered a disability, pregnancy-related impairments may qualify, requiring employers to provide reasonable accommodations unless it causes undue hardship.

Pregnant Workers Fairness Act (PWFA): Effective from June 2023, this act mandates that employers provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless it imposes an undue hardship on the operation of the business. Learn More
The Wisconsin Department of Workforce Development (DWD) enforces these protections at the state level.

Workplace Accommodations
Under the PWFA, employers are required to provide reasonable accommodations for pregnancy-related conditions. Learn More.

Examples include

More frequent breaks
Seating accommodations
Flexible scheduling for prenatal appointments
Temporary transfer to less strenuous positions
These accommodations are designed to ensure the health and safety of both the employee and the unborn child. Learn More

Workplace Safety for Pregnant Workers
Employers must maintain a safe working environment for all employees, including those who are pregnant. If a pregnant worker believes their work environment poses a risk, they can file a complaint with 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 leave per year for:
Childbirth and bonding with a new child
Serious health conditions, including pregnancy-related conditions

Eligibility Criteria

Employed by a covered employer (50 or more employees within 75 miles)
Worked for the employer for at least 12 months
Logged at least 1,250 hours in the past year

Wisconsin Family and Medical Leave Act (WFMLA)

Wisconsin's state law provides additional protections

Eligibility: Employees who have worked for the same employer for more than 52 consecutive weeks and have worked at least 1,000 hours in the preceding 52-week period.

Leave Entitlements

Up to 6 weeks for the birth or adoption of a child, to begin within 16 weeks of the event.
Up to 2 weeks for the serious health condition of a family member.
Up to 2 weeks for the employee's own serious health condition.
Employees may take these leaves in non-consecutive days or partial days if necessary. Learn more

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the federal PUMP for Nursing Mothers Act, employers are required to

Provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child's birth.

Provide a place, other than a bathroom, that is shielded from view and free from intrusion, for the employee to express breast milk.

While Wisconsin does not have specific state laws regarding breastfeeding accommodations in the workplace, these federal requirements apply to most employers.

Workplace Protections for New Parents
Equal Pay: Wisconsin law mandates that employers provide equal pay for equal work, regardless of gender or parental status. Disparities in pay based on these factors are considered discriminatory.

Employment Termination

It is illegal for employers in Wisconsin to terminate or retaliate against employees for

Taking protected leave under FMLA or WFMLA
Requesting or using pregnancy-related accommodations
Such actions are considered discriminatory and can be challenged legally.

Job Protection
Both FMLA and WFMLA guarantee that employees can return to their same or an equivalent position after taking parental leave. This ensures job security for employees during and after their leave period.

Support for Parents in Wisconsin
Childcare Assistance
Wisconsin offers programs like the Wisconsin Shares Child Care Subsidy Program, which helps low-income families with the cost of childcare while they work or attend school.

Wisconsin Works (W-2) Program
This program provides employment preparation services, case management, and cash assistance to eligible low-income parents and pregnant women.

Flexible Work Policies
While not mandated by state law, some Wisconsin employers offer flexible work arrangements, such as remote work options or flexible scheduling, to help employees balance work and family responsibilities.

For more detailed information or assistance, employees can contact the Wisconsin Department of Workforce Development or consult with legal professionals specializing in employment law.