Can Your Employer Force You Onto Unpaid Leave While Pregnant?

For many women, learning they’re pregnant is one of the most thrilling moments of their lives. But if your employer begins to hint that you should take a break from work, that joy may turn to worry. Some bosses might think being pregnant makes women incapable of doing their jobs, while others just don’t want to deal with accommodations. Either way, being pushed onto unpaid leave against your wishes can feel isolating and unfair, and in many cases, it’s illegal, amounting to pregnancy discrimination. If this sounds familiar, you’re not alone, and you have rights under Illinois law.

Key Takeaways

• Illinois employers cannot force an employee onto unpaid leave simply because she is pregnant.
• Reasonable accommodations often allow pregnant employees to continue working safely.
• Employers can only require leave when no reasonable accommodation exists and the employee genuinely cannot perform the job’s essential functions.
• Forcing unpaid leave when accommodations were available may qualify as pregnancy discrimination.
• Employees placed on unwanted unpaid leave should document everything and speak with an employment attorney.

When Can Employers Require Pregnant Employees to Stop Working?

Under the Illinois Human Rights Act, employers cannot single out pregnant employees for unpaid leave simply as a precaution. The law requires employers to treat pregnant workers the same way they treat other workers with similar limitations on their abilities.

An employer may only require leave when both of the following are true: no reasonable accommodation would allow the employee to safely perform her job and the employee cannot perform the essential functions of her position even with accommodations. Requiring leave outside of these narrow circumstances often crosses the line into pregnancy discrimination, which Illinois law strictly prohibits.

What Pregnancy Accommodations Could Allow You to Keep Working?

Illinois law requires employers to provide reasonable accommodations to pregnant employees. The exception is if doing so would cause undue hardship to the business. These accommodations often allow employees to keep working safely and comfortably throughout their pregnancy.

Common accommodations include:

• More frequent bathroom, water, or rest breaks
• Temporary transfer to a less physically demanding position
• Assistance with manual labor tasks
• A modified work schedule
• Permission to sit rather than stand for extended periods
• Time off to recover from childbirth

If your employer has not offered any of these options before suggesting unpaid leave, that’s a red flag worth discussing with an attorney.

Can an Employer Require Leave if You Can Still Perform Your Job?

Employers cannot force workers onto unpaid leave if reasonable accommodations would enable them to keep performing their essential job duties. Doing so violates the Illinois Human Rights Act, which treats pregnancy as a protected condition, deserving the same flexibility offered to employees with other temporary limitations.

Employers sometimes assume pregnant employees are unable to work or worry about liability, so they push them toward leave as a “solution.” But personal assumptions about a pregnant employee’s capabilities are not a legal justification for removing her from the workplace against her wishes.

What Should You Do if You Are Placed on Unpaid Leave Against Your Wishes?

If your employer places you on unpaid leave without your consent and without exhausting all reasonable accommodations first, here’s what to do:

1. Document everything. Save emails, texts, and notes from conversations about your leave and any accommodation requests.
2. Request in writing the reason behind forcing you onto unpaid leave. Ask your employer to explain why leave was necessary and what accommodations were considered.
3. Review your company’s policies. Compare how your situation was handled against your employee handbook and any past precedent.
4. Speak with an employment attorney. An attorney can review your case, determine whether your rights were violated, and outline your legal options.

Acting quickly matters because Illinois has strict deadlines for filing pregnancy discrimination claims. The sooner you seek guidance, the more options remain available to you.

You Deserve to Be Treated Fairly All the Time

Pregnancy shouldn’t cost you your paycheck or your peace of mind. If your employer forced you onto unpaid leave without seriously considering accommodations, you may have a valid pregnancy discrimination claim under Illinois law.

The Law Office of Mitchell A. Kline has spent nearly 30 years fighting for the rights of Chicago-area employees facing workplace injustice. Schedule a free consultation and let’s talk about what happened, what your rights are, and how we can help you move forward.