Missouri employees are protected by law before, during, and after maternity leave—but many don’t fully understand their rights. Employers cannot discriminate, deny benefits, or retaliate against workers for taking time to recover or care for a new child.
This article explains the protections available to Missouri employees, what fair treatment during maternity leave looks like, and how you can respond if your rights are violated. At Privette Law Office, we believe every parent deserves to focus on their health and family, not workplace discrimination or retaliation.
Employment Protections Before Maternity Leave
Under both federal and Missouri law, employers are prohibited from discriminating against employees due to pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act (PDA) and the Missouri Human Rights Act (MHRA) require employers to treat pregnancy-related limitations just as they would any other temporary medical condition.
That means your employer must:
- Provide reasonable accommodations such as modified duties, flexible scheduling, or additional breaks when medically necessary.
- Avoid making hiring, firing, or promotion decisions based on pregnancy or the possibility of maternity leave.
- Refrain from forcing you to start leave early or take unpaid time off unless it’s medically required.
If you require accommodations, please submit your request in writing and retain a copy for your records. This documentation can be important if your employer later disputes your rights or retaliates against you.
Your Rights During Maternity Leave
For many workers, the Family and Medical Leave Act (FMLA) provides crucial job protection. If you’ve worked for your employer for at least 12 months, logged 1,250 hours in that time, and your company employs 50 or more people within 75 miles, you likely qualify for FMLA leave.
FMLA protections include:
- Up to 12 weeks of unpaid, job-protected leave for childbirth, recovery, or bonding with a new child.
- Continuation of your group health insurance on the same terms as if you were actively working.
- The right to return to the same or an equivalent position when your leave ends.
Missouri doesn’t have a separate state family leave law, but some employers offer paid leave or short-term disability benefits. Always review your employee handbook to understand the resources available to you.
Returning to Work After Maternity Leave
The law also protects you once your leave ends. When you return, your employer must reinstate you to the same or a comparable position with equal pay, benefits, and responsibilities. Reducing your hours, cutting your pay, or assigning you less desirable work because you took maternity leave may count as retaliation.
Under the Fair Labor Standards Act (FLSA), nursing employees are also entitled to reasonable break time and a private space — not a bathroom — to express breast milk for up to one year after childbirth. Employers should make a genuine effort to accommodate these needs.
If you face challenges upon returning to work, such as being demoted, reassigned, or treated differently, you have legal options. Keep detailed records of all communications and policy changes that occur after your departure.
What to Do If Your Employer Violates Your Rights
If you believe your employer has violated your maternity-related rights, start by keeping detailed records of what has happened. Save emails, messages, and notes from meetings that show how you were treated before, during, or after your leave. These details can make a significant difference if you decide to take legal action or file a formal complaint.
Next, reach out to an employment attorney who can assess your situation and explain your options. You may also be able to file a complaint with the Missouri Commission on Human Rights (MCHR) or the Equal Employment Opportunity Commission (EEOC) for discrimination or retaliation. Acting quickly helps protect your rights and ensures that key evidence is preserved if your case moves forward.
How Privette Law Office Can Help
At Privette Law Office, we’ve spent decades standing up for Missouri employees who’ve been treated unfairly at work. We understand how difficult it can be to balance a growing family with the stress of workplace discrimination or job insecurity. Our team is here to protect your rights, hold employers accountable, and help you move forward with confidence.
If your employer denied your accommodations, refused to reinstate your job, or retaliated after you returned from maternity leave, you don’t have to face it alone. Contact Privette Law Office today to explore your legal options.