Families and Nation Benefit

The U.S. Supreme Court’s decision that permits states to require employers to provide protections for pregnant workers benefits both families and the nation.

The court upheld a California law that allows women to take up to four months of unpaid leave for pregnancy and childbirth, then return to their same or similar jobs.

Families benefit from maternity leaves because women are able to juggle motherhood and work, an economic necessity for millions, without fear of losing their jobs. The nation benefits because more than half the women with children under the age of 6 work, according to the U.S. Bureau of Labor Statistics.

The court rejected the argument that maternity leave discriminates against male workers and childless female workers--the position favored by the Reagan Administration. The California law “does not compel employers to treat pregnant workers better than other disabled employees; it merely establishes benefits that employers must, at a minimum, provide to pregnant workers,” Justice Thurgood Marshall wrote.

Additionally, Marshall wrote, “Employers are free to give comparable benefits to other disabled employees.” Male workers and childless women workers may benefit from that sentiment.

No employee should lose a job because of a temporary disability. Workers who are due for heart surgery or who have other ailments requiring long but temporary absences away from their jobs also deserve protections. Workers who suffer permanent disabilities already receive federal protections.

Nine states allow some form of maternity leave. Although the job-protected and unpaid leave is considered fairly new policy, it pales in comparison to the guaranteed and paid parental leave allowed new mothers and even new fathers in many European nations.

Maternity leave is growing in significance in this country because the number of working women has risen dramatically since 1950. Millions of women work, whether eagerly or reluctantly. Millions of two-parent and single-parent families depend on a woman’s paycheck. Millions of employers depend on women in the workplace.

The U.S. Supreme Court ruling finds California’s protections legal and fair. Other states should quickly follow suit. No one should be forced to choose between having a child and keeping a job.