Pregnancy/Childbirth Leave - WAC 162-30-020

Covered Employers: All employers with 8 or more employees

Employee Eligibility: All female employees.

Entitlement: The Washington State Human Rights Commission regulations against discrimination state an employer must provide a woman a leave of absence for the period of time that she is sick or temporarily disabled because of pregnancy or childbirth. Employers must treat a woman on pregnancy related leave the same as other employees on leave for sickness or other temporary disabilities.

For Example :(1) If an employer provides paid leave for sickness, or other temporary disabilities, the employer should provide paid leave for pregnancy-related sickness or disabilities. (2) If the uniform policy requires a physician's statement to verify the leave period, a physician's statement may be required to verify the leave period relating to pregnancy or childbirth. (3) If the uniform policy permits the retention and accrual of benefits, such as seniority, retirement, and pension rights, during the leave period for other temporary disabilities, the policy must also permit it during leave for pregnancy-related temporary disabilities. (4) If the employer permits extensions of leave time (e.g., use of vacation or leave without pay) for sickness or other temporary disabilities, the employer should permit such extensions for pregnancy-related sickness or disabilities.

Benefits: Employee benefits provided in part or in whole by the employer must be equal for male and female employees. For example, it is an unfair practice to: (a) Provide full health insurance coverage to male employees but fail to provide full health insurance coverage, including pregnancy and childbirth, to female employees; (b) Provide maternity insurance to the wives of male employees but fail to provide the same coverage to female employees.

Absence specification