What are the rights of employees who become pregnant?
In West Virginia, pregnant employees have the right to reasonable accommodations, such as extra breaks, modified duties, and fewer working hours. Additionally, they have the right to retain their job position and job security, and are protected from being fired or demoted due to their pregnancy. Furthermore, under the West Virginia Human Rights Act, employers can’t discriminate in hiring, promotion, or any other aspect of employment based on a person’s pregnancy or related medical condition. Employers are also legally required to provide expectant mothers with unpaid leave for medical or prenatal appointments, as well as for childbirth, recovery, and bonding with the baby. Under the Family and Medical Leave Act, pregnant employees are also entitled to up to 12 weeks of unpaid job-protected leave for child-birth and/or related medical conditions. Employers who have 50 or more employees must abide by the FMLA. The employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours in the 12 months prior to their leave request. Finally, pregnant employees have the right to receive the same health insurance coverage that is available to other employees. This includes coverage for pregnancy-related conditions and medical expenses. Employers are generally not allowed to deny health insurance coverage, or charge higher health insurance premiums, for pregnancy-related conditions.
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