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New Pregnancy Laws Deliver More Protections for Moms to Be ' Along with Some Challenges for Employers

By Kristine J. Feher
September 02, 2014

For many years, laws have been in place to protect women from discrimination and harassment in the workplace, and to create equal employment opportunities. As the number of women in the workforce has grown, savvy employers have gone beyond those legal obligations, affirmatively developing strategies to attract and retain talented female employees. Many employers now offer part-time schedules, work sharing, virtual offices, or other arrangements designed to provide work-life balance and recognize familial obligations.

Despite this, many women leave the workforce when they become pregnant, either by choice, or because the physical effects of their pregnancies make it difficult (or impossible) for them to perform their jobs. This results not only in a loss of income for those employees, but a loss of the skills of trained, experienced workers for the employer ' particularly if those women do not return to work after their pregnancies. Interestingly, while roughly 75% of women with children 6 to 17 years old were working in 2013, only 57% of mothers with infants were employed, suggesting that many women do not immediately return to work after having children. While this is undoubtedly due in part to the challenges of juggling work and pre-school aged kids, it may also be caused by the difficulty of returning to work after an extended leave.

To address these challenges, both state and federal governments have focused renewed attention on employment issues affecting pregnant women and working mothers. Many employers are concerned that recent legislation and interpretations of existing law have tipped the scales too far, creating significant ' and sometimes unreasonable ' burdens on their businesses. Nonetheless, employers must navigate this new landscape and put in place mechanisms to comply with changing requirements.

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