Library Law: Libraries and Pregnancy Leave

by Gerard E. Dempsey and Janet N. Petsche

Pregnancy related medical conditions may or may not qualify a library or library system employee for leave under current law.  Library administrators should be aware of which laws are to be considered when approached by an employee for such leave.  In addition, hiring procedures, provision of healths insurance and distribution of fringe benefits can be affected by the law pertaining to pregnant applicants for employment and current employees.  This article will explain how the law applies to these situations.

Family and Medical Leave Act

All Illinois public libraries and library systems are covered by the federal Family and Medical Leave Act ("FMLA")1 because they are "public agencies" within the meaning of the FMLA.  However, not all Illinois public libraries or library systems are required to grant FMLA leave for pregnancy related or other health related reasons because FMLA leave is required only: for an eligible employee (a) who has worked for the library or library system in question for at least 12 months (not necessarily consecutive months) and (b) has worked for that employer at least 1,250 hours in the previous 12 months, and (c) works at or is assigned to a worksite that has 50 or more employees or that is within 75 miles of a worksite or worksites of the employing library or library system that, taken together, have a total of 50 or more employees.

If a pregnant library or library system employee meets the work time and workplace standards referred to above, she must then also meet the FMLA’s “serious health condition” standard necessary to qualify for leave under FMLA.  

However, even if the library or library system is not required to grant FMLA leave because the employee does not meet those standards, a pregnant employee might still have a right to a pregnancy leave under the federal Pregnancy Discrimination Act2 .

Pregnancy Discrimination Act

A. Discrimination Prohibited

The federal Pregnancy Discrimination Act ("PDA") is an amendment to Title VII of the federal Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Under the PDA, women affected by pregnancy or related conditions must be treated in the same manner as other applicants for employment or other employees with similar disabilities or limitations.  In other words, since the focus of the PDA is on preventing discrimination, rather than mandating benefits, the PDA does not require covered employers to grant pregnancy leave.  Rather, the PDA bars differential treatment of pregnant employees in comparison with the medical benefits and leave granted by the covered employer to other non-pregnant employees that have temporary medical conditions.

According to the regulations issued by the federal Equal Employment Opportunities Commission3, any employer policies relating to the commencement and duration of the leave, the availability of leave extensions, the accrual of seniority during leave and the accrual of other benefits and privileges, insurance coverage, and reinstatement after termination of leave, must apply equally between pregnant employees and other employees with temporary medical disabilities.

The PDA covers any Illinois public library or library system that has 15 and or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.

B. Pregnancy and Maternity Leave

A library or library system may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work, but under the PDA may use any procedure customarily used by the library or library system to screen other employees' ability to work. For example, if a library requires its employees to submit a doctor's statement concerning their inability to work, before granting leave or paying sick benefits, the library may require employees affected by pregnancy related conditions to submit such statements.

If an employee is temporarily unable to perform her job due to pregnancy, the library or library system must treat her the same as any other temporarily disabled employee, for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, the library or library system may not require her to remain on leave until the baby's birth.  Nor may the library or library system have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth.

Under the PDA, the library or library system must hold open a job for a pregnancy-related absence the same length of time that jobs are held open for employees on other temporary sick or disability leave.

The PDA also affects the hiring practices, health insurance and fringe benefits provided by libraries and library systems.

C. Hiring

A library or library system cannot refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the essential functions of her job, nor may employment be denied on the basis of the prejudices of co-workers or library patrons.

D. Health Insurance

Any health insurance provided by the library or library system must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life of the mother is endangered.

Pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable and customary charge basis.  The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No additional, increased or larger deductible can be imposed.

The library or library system must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

E. Fringe Benefits

Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions.  If a library or library system provides any benefits to workers on leave, the library or library system must provide the same benefits for those on leave for pregnancy-related conditions.

Finally, employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.

Gerard Dempsey and Janet Petsche are partners with the law firm of Klein, Thorpe & Jenkins, Ltd. which is an Illinois law firm with offices in the Civic Opera Building at 20 North Wacker Drive in Chicago and at 15010 S. Ravinia, Orland Park.  The firm concentrates in the representation of local libraries, Library districts and Library systems, as well as other local governmental units.

Published November 28 , 2007 in vol. 1, iss. 21 [View]