I. Strategies to Strengthen a Claim

1. Tell your supervisor and other bosses immediately after you learn that you are pregnant. Once you become pregnant you enter a protected class under the law, and the company may have to reevaluate any decision to fire you if that was being considered before your notification. Thus, in marginal performance cases, becoming pregnant could give you added job security. Some litigants lose their cases, however, because they cannot prove the company knew they were pregnant before taking adverse action. Do not be afraid to tell key people at the job site that you are pregnant, since this may work to your legal benefit.
2. Understand your options to take paid short-term and long-term disability leaves and unpaid leaves.
3. Be aware of how the company treated pregnant workers in the past for comparison purposes.
4. Remember that the payment of costs for pregnancy-related conditions may be limited to a specific dollar amount stipulated in an insurance policy, collective bargaining agreement, or other statement of employee benefits provided limits are imposed for other health conditions.
5. Always read and understand your employer's health insurance policies and coverage before incurring medical treatment.
6. If you are offered a choice between enrolling in one of two health insurance plans, be sure to choose the one that covers pregnancy-related conditions so that you will be reimbursed on the same basis as for other medical conditions.
7. Employers are not generally responsible to provide health insurance covering abortions. However, they may be required to offer sick leave and other fringe benefits as a result of an abortion. Additionally, while some health plans do not pay for abortions, they do cover complications resulting from the procedure, such as treatment due to excessive bleeding. Always read the fine print of your policy to determine your options where applicable.