Florida--Laws Relating to Pregnancy


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Prohibitions against Pregnancy Discrimination

The state shall not terminate the employment of any employee in the career service because of her pregnancy or the employee's spouse’s or the adoption of a child.[1]

For the text of the statute, click here.

The Florida Supreme Court has held that pregnancy discrimination is a form of sex discrimination under the Florida Civil Rights Act.[2]

For the text of the main case on this issue, click here.

Pregnancy Accommodation

Florida does not provide additional protections to the federal law.

Pregnancy-related Disability Accommodation

Florida does not specifically accommodate pregnancy or its attendant medical conditions as a disability.

Breastfeeding Rights

A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breastfeeding. [3] It is unclear whether this authorization extends to a woman’s place of employment.

For the text of the statute, click here.

Family and Childcare Leave Laws

State Employees – Parental or Family Leave

The state shall not refuse to grant unpaid parental or family medical leave for a period not to exceed 6 months or deny the use of accrued sick leave or other annual leave for this purpose. The state cannot require that an employee take mandatory leave. Upon returning, the employee shall be reinstated to the same job or to an equivalent position. If any portion of the leave is paid, the employee shall be entitled to accumulate all benefits granted under paid leave status.[4]

For the text of the statute, click here.

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

Copyright 2013, 2014 Legal Momentum

[1] Fla. Stat. § 110.221

[2] See Delva v. Continental Group, Inc., No. SC12-2315 (Fl. Sup. Ct. April 17, 2014).

[3] Fla. Stat. § 383.015

[4] Fla. Stat. § 110.221