Pregnancy Laws in Indiana (2026): Rights Every Expectant Worker Should Know

Most people assume Indiana has strong protections for pregnant workers. Honestly, that’s not quite true. Indiana actually lags behind many other states when it comes to pregnancy rights. But that doesn’t mean you’re without protection. Federal laws fill in a lot of the gaps.

Let’s break down exactly what the law says, what you’re entitled to, and what to do if someone violates your rights.

What Are Pregnancy Laws?

Pregnancy laws cover a wide range of topics. They include workplace rights, job protections, leave policies, and discrimination rules. Some of these laws come from the federal government. Others come from Indiana itself.

These laws exist to make sure pregnant workers are treated fairly. They protect you from being fired, demoted, or denied a job just because you’re pregnant. They also make sure you can get basic accommodations while you’re working.

Pretty straightforward, right?

Indiana’s Workplace Protections for Pregnant Workers

What Indiana State Law Does (and Doesn’t) Cover

Here’s where it gets interesting. Indiana is one of only two states in the entire country that offers no state-level protections for both pregnancy discrimination AND pregnancy accommodations. The other state is North Carolina.

That’s a big deal.

Indiana passed a law in 2021 called the Pregnancy and Childbirth Accommodation law (Indiana Code 22-9-12). It says employers can’t retaliate against you for asking for accommodations. Things like extra bathroom breaks, the ability to sit down, or wearing pregnancy-related clothing are covered.

But here’s the catch. The law doesn’t require your employer to actually give you those accommodations. It just says they can’t punish you for asking.

Confusing? Yeah, a lot of people think so too.

The Indiana Pregnant Workers Fairness Act

Indiana has also passed something called the Indiana Pregnant Workers Fairness Act. Under this law, employers must provide reasonable accommodations for pregnancy or childbirth related issues. But only if doing so wouldn’t cause an “undue hardship” on the business.

So employers do have some wiggle room. If they can argue that your request is too costly or disruptive, they may not have to comply.

This is why many Indiana workers rely on federal law instead.

Federal Laws That Protect Pregnant Workers in Indiana

Okay, pause. This part is really important.

Even though Indiana’s state laws are limited, several federal laws kick in to protect you. These apply no matter where you live in the country.

The Pregnant Workers Fairness Act (PWFA)

This federal law took effect on June 27, 2023. It requires all employers with 15 or more workers to provide reasonable accommodations for pregnancy-related conditions. That includes current pregnancies, past pregnancies, and even conditions related to childbirth or postpartum recovery.

You don’t need to have a disability to qualify. You just need a “known limitation” related to your pregnancy. That could be morning sickness, back pain, gestational diabetes, or even just needing more frequent bathroom breaks.

Under the PWFA, your employer cannot force you to take leave if another accommodation would work. They also cannot retaliate against you for asking.

Think of it like this. Before the PWFA, getting an accommodation often depended on whether your employer had helped other employees with similar needs. Now, your employer simply has to accommodate you. Full stop.

The Pregnancy Discrimination Act (PDA)

This federal law covers employers with 15 or more employees. It bans discrimination based on pregnancy in hiring, firing, pay, promotions, job assignments, and training.

Here’s what that means for you. Your employer cannot fire you because you’re pregnant. They cannot pass you over for a promotion because you might be taking maternity leave. They cannot refuse to hire you because of your pregnancy.

Wait, it gets better. Indiana’s Civil Rights Law goes even further here. It covers employers with as few as six employees. The federal PDA only applies to employers with 15 or more. So if you work for a small company, Indiana’s sex discrimination law may still offer some protection.

The Family and Medical Leave Act (FMLA)

This one is huge. Under FMLA, you can take up to 12 weeks of unpaid leave for the birth of a child, prenatal care, or pregnancy-related health issues.

But not everyone qualifies. Here’s what you need to be eligible. You must have worked for your employer for at least 12 months. You must have worked at least 1,250 hours in the past year. And your employer must have 50 or more employees within a 75-mile radius.

If you don’t meet those requirements, FMLA doesn’t apply to you. That’s a hard truth for a lot of Indiana workers, especially those at small businesses or with shorter work histories.

The Americans with Disabilities Act (ADA)

Pregnancy itself is not considered a disability under the ADA. But some pregnancy-related conditions might qualify. Things like gestational diabetes, severe morning sickness, or preeclampsia could be covered.

If a condition related to your pregnancy qualifies as a disability, your employer must provide reasonable accommodations under the ADA.

Maternity Leave in Indiana

Here’s something that surprises a lot of people.

Indiana has no state law requiring paid maternity leave. None. It’s one of 26 states without its own paid maternity leave policy on the books.

So what does that mean for you?

Your options depend on where you work. Some Indiana employers offer paid leave as a voluntary benefit. Others allow you to use accrued paid time off, like vacation or sick days. Some offer short-term disability insurance that covers part of your salary during leave.

If you work for a large enough employer, you may qualify for unpaid FMLA leave. That gives you 12 weeks off with job protection. But it’s unpaid.

Wondering if this applies to you? Check your employee handbook or talk to HR. Your specific leave options depend on your employer’s policies.

Indiana Abortion Laws in 2026

This is a topic that affects many pregnant Hoosiers. Let me be clear about where things stand.

Indiana enacted a near-total abortion ban in 2022. It took effect on August 1, 2023, after legal challenges were resolved. Under this law, abortion is largely banned in Indiana.

There are narrow exceptions. These include cases where the pregnancy seriously endangers the mother’s life, certain fatal fetal anomalies, and pregnancies resulting from rape or incest.

Here’s something important from early 2026. A Marion County Superior Court judge granted a permanent injunction in March 2026. This injunction prevents Indiana from enforcing its abortion ban against women whose sincere religious beliefs require them to be able to obtain an abortion. This ruling came from a lawsuit brought by the ACLU of Indiana under the state’s Religious Freedom Restoration Act.

The legal landscape here is still evolving. If you need information about accessing abortion care, organizations like the ACLU of Indiana at [email protected] may be able to help.

Also notable: Indiana lawmakers passed Senate Bill 236 in early 2026. It targets abortion-inducing drugs. The bill would prohibit manufacturing, distributing, prescribing, or possessing such drugs. It then headed to the Indiana House for consideration. Doctors raised concerns that the law’s definitions could interfere with care for dangerous pregnancy complications.

Breastfeeding Protections in Indiana

Okay, this one’s good news.

Federal law requires employers to give nursing mothers reasonable break time to express breast milk for one year after their child’s birth. The employer must also provide a private space. It cannot be a bathroom. It must be shielded from view and free from interruptions.

Indiana adds its own encouragement too. Indiana Code 22-2-14-2 says employers are encouraged to provide a private space (not a toilet stall) where employees can express breast milk in privacy during any break time.

So simple! You have real protections here both at the state and federal level.

What Discrimination Looks Like

Not sure what counts as pregnancy discrimination? Let me break it down.

Pregnancy discrimination can include being fired after telling your boss you’re pregnant. It includes being passed over for a promotion because you’ll be on leave. It includes being given lower performance reviews after announcing a pregnancy. It also includes being denied the same benefits that other employees with medical conditions receive.

Most people don’t realize how broad this protection is. If your employer would help someone with a broken leg or a chronic illness, they generally must extend the same help to a pregnant worker.

Penalties if Your Rights Are Violated

Hold on, this part is important.

If your employer violates your rights under the PWFA or the PDA, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims and can require employers to make you whole. That can mean back pay, job reinstatement, or other remedies.

Under Indiana’s Civil Rights Law, you can also file a complaint with the Indiana Civil Rights Commission. They investigate discrimination complaints for workers at companies with as few as six employees.

If your FMLA rights are violated, you can file a complaint with the U.S. Department of Labor. You may also be able to sue your employer directly.

Keep records of everything. Emails, texts, performance reviews, and anything related to your accommodation requests are all valuable.

How to Protect Yourself

Here’s what you need to do if you’re pregnant or planning to be.

First, review your employee handbook now. Know your company’s leave and accommodation policies before you need them.

Second, make your requests in writing. If you ask for an accommodation, put it in an email. This creates a paper trail.

Third, document everything. If your employer says something discriminatory, write it down immediately. Include the date, time, and who was present.

Fourth, know your deadlines. You generally have 180 days to file a charge with the EEOC after an act of discrimination. In some cases, the deadline extends to 300 days.

Fifth, talk to a lawyer if you think your rights have been violated. Many employment lawyers offer free consultations. Don’t wait.

Frequently Asked Questions

Does Indiana require my employer to give me paid maternity leave? No. Indiana has no state law requiring paid maternity leave. Your options depend on your employer’s policies and whether you qualify for FMLA.

Can my employer fire me for being pregnant in Indiana? No. Federal law prohibits pregnancy-based firing. The Pregnancy Discrimination Act and the PWFA both protect you from termination related to pregnancy.

What if I work for a company with fewer than 15 employees? The federal PDA and PWFA may not cover you. But Indiana’s Civil Rights Law covers employers with as few as six employees. Talk to an employment lawyer about your options.

What accommodations can I ask for under the PWFA? You can ask for things like modified duties, more frequent breaks, a temporary transfer to a less strenuous position, or schedule adjustments. Your employer must consider your request unless it creates an undue hardship.

Where do I report pregnancy discrimination in Indiana? You can file a charge with the EEOC at eeoc.gov or call 1-800-669-4000. You can also contact the Indiana Civil Rights Commission at in.gov/icrc.

Final Thoughts

Now you know the basics. Indiana’s state-level protections are limited compared to other states. But federal laws give pregnant workers real, meaningful rights.

You can ask for accommodations. You cannot be fired for being pregnant. You can take unpaid leave if you qualify for FMLA. And if any of those rights are violated, you have real options for legal recourse.

Stay informed. Document everything. And when in doubt, consult an employment lawyer.

References

1. Indiana Code 22-9-12, Pregnancy and Childbirth Accommodation: iga.in.gov
2. U.S. EEOC, Pregnant Workers Fairness Act (PWFA): eeoc.gov/statutes/pregnant-workers-fairness-act
3. U.S. Department of Labor, FMLA Overview: dol.gov/agencies/whd/fmla
4. ACLU of Indiana, Abortion Access in Indiana: aclu-in.org/abortion-access-indiana
5. Indiana Capital Chronicle, Abortion-Inducing Drug Ban Passes Senate (Jan. 2026): indianacapitalchronicle.com
6. WFYI Indianapolis, Indiana’s Pregnant Workers Have Few Protections in State Law: wfyi.org
7. Indiana Civil Rights Commission: in.gov/icrc