The Family and Medical Leave Act, the ADA, and Title VII of the Civil Rights Act of 1964

The Family and Medical Leave Act, 
the Americans with Disabilities Act, and 
Title VII of the Civil Rights Act of 1964


This fact sheet was prepared by the Equal Employment Opportunity
Commission's (EEOC) Office of Legal Counsel.  It is intended to
provide technical assistance on some common questions that have
arisen about the Americans with Disabilities Act of 1990 (ADA)
and Title VII of the Civil Rights Act of 1964 (Title VII) when 
the Family and Medical Leave Act of 1993 (FMLA) also applies.

Introduction

Background

1.   Q:     What is the relationship between requirements of the
            FMLA,1 the ADA,2 and Title VII3?

     A:     The FMLA and the ADA both require a covered employer
            to grant medical leave to an employee in certain
            circumstances.4  The FMLA and Title VII both have
            requirements governing leave for pregnancy and
            pregnancy-related conditions.  

            In addition, under Title VII, employers must not
            discriminate on the basis of race, color, religion,
            sex, or national origin when they provide family or
            medical leave.

2.   Q:     Who enforces the FMLA?

     A:     The Department of Labor enforces the FMLA.  The EEOC
            has no enforcement responsibility for the FMLA.

3.   Q:     When did the FMLA go into effect?

     
     A:     The FMLA went into effect on August 5, 1993.5  The
            FMLA final rule became effective on April 6, 1995.6

Basic FMLA Requirements

4.   Q:     What leave is an employee entitled to under the FMLA?

     A:     Under the FMLA, an "eligible"7 employee may take up
            to 12 workweeks of leave during any 12-month period
            for one or more of the following reasons:

            (1)     The birth of a child, and to care for the
                   newborn child;

           (2)     The placement of a child with the employee
                   through adoption or foster care, and to care
                   for the child;8

           (3)     To care for the employee's spouse, son,
                   daughter, or parent with a serious health
                   condition; and

           (4)     Because a serious health condition makes the
                   employee unable to perform one or more of the
                   essential functions of his or her job.9

5.   Q:     What other rights do "eligible" employees have in 
            conjunction with FMLA leave?

     A:     During FMLA leave, an employer must maintain the
            employee's existing level of coverage under a group
            health plan.10  At the end of FMLA leave, an employer
            must take an employee back into the same or an
            equivalent job.11

When FMLA, ADA and Title VII Coverage Overlap

6.   Q:     What employers are covered by the FMLA, the ADA and
            Title VII?     

     A:     The FMLA covers private employers with 50 or more
            employees.12  The ADA and Title VII cover private
            employers with 15 or more employees.13  Thus, only
            those private employers with 50 or more employees are
            covered concurrently by the FMLA, the ADA and Title
            VII.14  

            State and local government employers are covered by
            the ADA and the FMLA, regardless of the number of
            employees.15  State and local government employers
            are covered by Title VII, however, only if they have
            15 or more employees.16

7.   Q:     Are all employees who are protected by Title VII or
            the ADA also entitled to leave under the FMLA?

     A:     No.  Employees protected by Title VII or the ADA must
            be independently "eligible" for FMLA leave. 
            "Eligibility" for FMLA leave depends on several
            factors, for example, length of service.17  In
            addition, an individual must be employed by an FMLA-
           covered employer with 50 or more employees to obtain
            FMLA leave.  See Question 6.

The ADA and the FMLA

FMLA "serious health condition" and ADA "disability"

8.   Q:     What is a "serious health condition" under the FMLA?

     A:     An FMLA "serious health condition" is "an illness,
            injury, impairment, or physical or mental condition
            that involves . . . [i]npatient care . . . or
            [c]ontinuing treatment by a health care provider."18  
             
9.   Q:     Is an FMLA "serious health condition" the same as an
            ADA "disability"?

     A:     No.  An FMLA "serious health condition" is not
            necessarily an ADA "disability."  An ADA "disability"
            is an impairment that substantially limits one or
            more major life activities, a record of such an
            impairment, or being regarded as having such an
            impairment.  

            Some FMLA "serious health conditions" may be ADA
            disabilities, for example, most cancers and serious
            strokes.  Other "serious health conditions" may not
            be ADA disabilities, for example, pregnancy or a
            routine broken leg or hernia.  This is because the
            condition is not an impairment (e.g., pregnancy), or
            because the impairment is not substantially limiting
            (e.g., a routine broken leg or hernia).

            In addition, the fact that an individual has a record
            of a "serious health condition" does not necessarily
            mean that s/he has a record of an ADA disability. 
            Under the ADA, an individual must have a record of a
            substantially limiting impairment in order to be
            covered.
 
            Finally, just because someone has a "serious health
            condition" also does not mean that the employer
            regards him/her as having an ADA disability.  To
            satisfy this prong of the ADA definition of
            "disability," the employer must treat the individual
            as having an impairment that substantially limits one
            or more major life activities.19 

            To determine if an individual has an ADA disability,
            all pertinent evidence, including any information
            about whether the individual has or had a "serious
            health condition," should be considered.  Under the
            FMLA regulations, employers must allow EEOC
            investigators to review pertinent FMLA medical
            certifications and recertifications, and other
            relevant materials, upon request.20  

Medical Certifications, Inquiries and Confidentiality

10.  Q:     Is there a conflict between the FMLA provision
            allowing employers to ask for certification that an
            employee has a serious health condition and ADA
            restrictions on disability-related inquiries of
            employees?

     A:     No.  When an employee requests leave under the FMLA
            for a serious health condition, employers will not
            violate the ADA by asking for the information
            specified in the FMLA certification form.  The FMLA
            form only requests information relating to the
            particular serious health condition, as defined in
            the FMLA, for which the employee is seeking leave. 
            An employer is entitled to know why an employee, who
            otherwise should be at work, is requesting time off
            under the FMLA.  If the inquiries are strictly
            limited in this fashion, they would be "job-related
            and consistent with business necessity" under the
            ADA.21

11.  Q:     May an employer keep a single confidential medical
            file for each employee, separate from the usual
            personnel file, for medical documentation under both
            the ADA and the FMLA?

     A:     Yes.  An employer may keep a single confidential
            medical file, separate from the usual personnel file,
            containing both FMLA and ADA medical information if
            the employer follows the ADA confidentiality
            standards.  This includes following the ADA
            interpretations of those confidentiality exceptions
            that are set forth in both the ADA and the FMLA
            regulations.22  For example, employers may not give
            supervisors and managers unlimited access to the
            medical files.  However, employers may give
            supervisors and managers information concerning
            necessary work restrictions and accommodations.23  

Comparison of ADA and FMLA Leave

12.  Q:     Does the FMLA's limit of 12 workweeks of leave in a
            12- month period mean that the ADA also limits
            employees to 12 weeks of leave per year?

     A:     No.  The FMLA does not mean that more than 12 weeks
            of unpaid leave automatically imposes an undue
            hardship for purposes of the ADA.  An otherwise
            qualified individual with a disability is entitled to
            more than 12 weeks of unpaid leave as a reasonable
            accommodation if the additional leave would not
            impose an undue hardship on the operation of the
            employer's business.  To evaluate whether additional
            leave would impose an undue hardship, the employer
            may consider the impact on its operations caused by
            the employee's initial 12-week absence, along with
            the undue hardship factors specified in the ADA.  See
            29 C.F.R. § 1630.2(p).

13.  Q:     How do the ADA and the FMLA requirements compare
            regarding intermittent or occasional leave?

     A:     Under the ADA, a qualified individual with a
            disability may work part-time in his/her current
            position, or occasionally take time off, as a
            reasonable accommodation if it would not impose an
            undue hardship on the employer.  If (or when) reduced
            hours create an undue hardship in the current
            position, the employer must see if there is a vacant,
            equivalent position for which the employee is
            qualified and to which the employee can be reassigned
            without undue hardship while working a reduced
            schedule.  If an equivalent position is not
            available, the employer must look for a vacant
            position at a lower level for which the employee is
            qualified.  Continued accommodation is not required
            if a vacant position at a lower level is also
            unavailable.24 

            The ADA does not prohibit an employer and an employee
            from agreeing on another mutually acceptable
            accommodation.  For example, an employer and employee
            may agree to a transfer, on either a temporary or a
            permanent basis, if both parties believe that such a
            transfer is preferable to accommodating the employee
            in his/her current position.
 
            Under the FMLA, an "eligible" employee may take leave
            intermittently or on a part-time basis25 for his or
            her own "serious health condition" when medically
            necessary for treatment or recovery, until s/he has
            used up the equivalent of 12 workweeks in a 12-month
            period.26  When such leave is foreseeable based on
            planned medical treatment, an employer may require
            the employee to temporarily transfer (for the
            duration of the leave) to an available alternative
            position for which the employee is qualified and
            which better suits his/her reduced hours.27  
           
14.  Q:     What are employees' reinstatement rights under the
            ADA and the FMLA?

     A:     Under the ADA, the employee is entitled to return to
            the same job unless the employer demonstrates that
             holding the job open would impose an undue hardship. 
           
            In some instances, an employee may request more leave under 
            the ADA even after the employer has communicated that it 
            cannot hold the employee's job open any longer (i.e., there 
            is undue hardship).  In this situation, the ADA-covered 
            employer must see if it has a vacant, equivalent position 
            for which the employee is qualified and to which the 
            employee can be reassigned without undue hardship to 
            continue his/her leave.  If an equivalent position is not 
            available, the employer must look for a vacant position at 
            a lower level.  Continued accommodation is not required if 
            a vacant position at a lower level is also unavailable.28

            In other instances, an employer may hold the original 
            position open, and the employee may want to return to work, 
            but may be unable to perform an essential function of the 
            original position even with reasonable accommodation.  
            Under the ADA, the employer must then consider 
            reassignment, first to a vacant equivalent position for 
            which the individual is qualified and, if one is 
            unavailable, to a vacant position at a lower level.  
            Further accommodation is not required if a vacant position 
            at a lower level is also unavailable. 

            Under the FMLA, an employee is entitled to return to the 
            same position or to an equivalent position.29  However, if 
            an employee is unable to perform an essential function of 
            the same or equivalent position because of a physical or 
            mental condition, the FMLA does not require the employer to 
            reinstate the employee into another job.30

15.  Q:     Do the ADA and the FMLA require an employer to continue an 
            employee's health insurance coverage during medical leave?

     A:     Under the ADA, an employer must continue health insurance 
            coverage for an employee taking leave or working part- time 
            only if the employer also provides coverage for other 
            employees in the same leave or part-time status.  The 
            coverage must be on the same terms normally provided to 
            those in the same leave or part-time status.

            Under the FMLA, an employer always must maintain the 
            employee's existing level of coverage (including family or 
            dependent coverage) under a group health plan during the 
            period of FMLA leave, provided the employee pays his or her 
            share of the premiums.31  An employer may not discriminate 
            against an employee using FMLA leave, and therefore must 
            also provide such an employee with the same benefits (e.g., 
            life or disability insurance) normally provided to an 
            employee in the same leave or part-time status.32
   
ADA Compliance When the FMLA Also Applies

16.  Q:     If an individual requests time off for medical treatment, 
            should the employer treat this as a request for FMLA leave 
            and ADA reasonable accommodation?

     A:     If an employee requests time off for a reason related or 
            possibly related to a disability (e.g., "I need six weeks 
            off to get treatment for a back problem"), the employer 
            should consider this a request for ADA reasonable 
            accommodation as well as FMLA leave.  The employer may 
            require FMLA certification33 and may make additional 
            disability-related inquiries if necessary to decide whether 
            the employee is entitled to reasonable accommodation 
            because s/he also has a covered disability.  However, if 
            the employee states that s/he only wants to invoke rights 
            under the FMLA, the employer should not make additional 
            inquiries related to ADA coverage.

17.  Q:     When both the ADA and the FMLA apply, how should the 
            employer determine which terms and conditions govern the 
            employee's initial 12 weeks of medical leave?

     A:     Under the FMLA rule, an employer must provide leave under 
            whichever statutory provision provides the greater rights 
            to employees.34  For examples of how this principle is 
            applied, see the FMLA rule at §§ 825.702(b)-(e).

18.  Q:     As an alternative to a leave of absence, may an employer 
            offer an effective reasonable accommodation that will 
            enable an employee to continue working?

     A:     An employer may offer an employee a reasonable 
            accommodation other than the leave s/he requested under the 
            ADA, as long as it is effective.35  For example, an 
            employer may offer an assistive device, an opportunity to 
            work reduced hours in the employee's current job, or a 
            temporary assignment to another job, if these are effective 
            accommodations.  

            However, if the individual is "eligible" for leave under 
            the FMLA and has a serious health condition that prevents 
            him/her from performing an essential job function, s/he has 
            the right to take a leave of absence of up to 12 workweeks 
            in 12 months, even if s/he could continue working with an 
            effective reasonable accommodation.36  While the FMLA does 
            not prevent an employee from accepting an alternative to 
            leave, the acceptance must be voluntary and uncoerced.37

The ADA and Family Leave

19.  Q:     Does the ADA require an employer to give an employee 
            time off to care for a spouse, son, daughter, parent or 
            other individual with a disability?

     A:     The ADA's reasonable accommodation obligation does not 
            require a covered employer to give an employee time off to 
            care for a spouse, son, daughter, parent or other 
            individual with a disability with whom the employee has a 
            relationship.38  However, an employer would be required to 
            provide leave on the same terms as it normally provides 
            leave to employees who need to care for someone who is 
            ill.39

Title VII and the FMLA

Leave for Pregnancy, Childbirth and Related Conditions

20.  Q:     Under Title VII, what rights do women have to take leave 
            for pregnancy, childbirth and related conditions?

     A:     If an employer offers temporary or short-term disability 
            leave, Title VII requires the employer to treat pregnancy 
            and related conditions the same as non-pregnancy 
            conditions.40

            For example, if an employer provides up to 8 weeks paid 
            leave for temporary medical conditions, the employer must 
            provide up to 8 weeks paid leave for pregnancy or related 
            conditions.

21.  Q:     Can a leave policy that complies with the FMLA violate 
            Title VII?

     A:     Yes.  An employee is protected by anti-discrimination laws 
            such as Title VII regardless of how long s/he has been on 
            the job, but an employee is not eligible for FMLA leave 
            until s/he has been employed for 12 months.  Thus, an 
            employer policy that denies pregnancy leave during the 
            first year of employment, but provides leave for other 
            medical conditions, would discriminate against pregnant 
            women in violation of Title VII.  Additionally, a neutral 
            policy that prohibits any employee from taking sick leave 
            or short-term disability leave during the first year of 
            employment could have a disparate impact on women and thus 
            violate Title VII.

Title VII and Family Leave

22.  Q:     Does Title VII require covered employers to give employees 
            leave to care for an ill child or family member?

     A:     Title VII in itself does not require employers to give 
            employees leave to care for an ill child or family member.  
            However, Title VII prohibits covered employers from 
            discriminating on the basis of race, color, religion, sex, 
            or national origin when they administer family leave.  

            For example, if an employer allowed a woman but not a man 
            to take 12 weeks of leave to care for a newly-adopted or 
            placed child, the man would have a Title VII cause of 
            action because the employer administered family leave in a 
            discriminatory way based on gender.  

            As another example, if an employer allowed a woman to take 
            3 weeks of childcare leave in addition to leave necessary 
            to recuperate from childbirth, but declined to permit a man 
            to take 3 weeks of childcare leave, the man would have a 
            Title VII cause of action because the employer administered 
            family leave in a discriminatory way based on gender. 

Referral of Individuals with FMLA Questions or Complaints

23.  Q:     Who should be contacted for information about the FMLA or 
            to file FMLA complaints?

     A:     For additional information about the FMLA, or to file an 
            FMLA complaint, individuals should contact the nearest 
            office of the Wage and Hour Division, Employment Standards 
            Administration, U.S. Department of Labor.  The Wage and 
            Hour Division is listed in most telephone directories under 
            U.S. Government, Department of Labor.  


For further information, contact the Office of Legal Counsel's 
Attorney of the Day at (202) 921-2539.


This fact sheet is available upon request in alternative formats.  
Write or call EEOC's Office of Communications and Legislative Affairs, 
1801 L Street, N.W., Washington, D.C. 20507, (202) 663- 4900, 
TDD (202) 663-4494.


The purpose of this fact sheet is to provide technical assistance to 
individuals interested in the relationship between the ADA, Title VII, 
and the FMLA.  It is not a formal Commission policy document.

1. References to the FMLA are to Titles I and IV of the 
Family and Medical Leave Act of 1993.

2. References to the ADA are to Title I of the Americans 
with Disabilities Act of 1990, as amended.

3. References to Title VII are to Title VII of the Civil 
Rights Act of 1964, as amended.

4. Under the ADA, unpaid medical leave is a reasonable 
accommodation and must be provided to an otherwise qualified 
individual with a disability unless (or until) it imposes an undue 
hardship on the operation of the employer's business.  See 
29 C.F.R. pt. 1630 app. § 1630.2(o).  No set amount of leave is 
required as a reasonable accommodation under the ADA.

5. If a collective bargaining agreement was in effect on 
August 5, 1993, the FMLA did not become effective for employees 
covered by the agreement until February 5, 1994, or the date the 
agreement expired, whichever was earlier.  29 C.F.R. § 825.102(a).

6. 29 C.F.R. Part 825, published at 60 Fed. Reg. 2180 
(January 6, 1995), as amended at 60 Fed. Reg. 6658 (February 3, 1995) 
and 60 Fed. Reg. 16382 (March 30, 1995).  

     While the text of this document stands on its own, FMLA 
regulatory citations are provided in footnotes for those readers who 
need to obtain a more detailed understanding of certain FMLA 
provisions.  

7. See footnote 17 below for the FMLA definition of 
"eligible" employee.

8. Leave for (1) and (2) above must be concluded within 12 
months of the birth or placement, unless state law or the employer 
allows a longer leave period.  29 C.F.R. § 825.201.

9. 29 C.F.R. § 825.200(a).  For purposes of this provision, 
the FMLA rule incorporates by reference the ADA definition of 
"essential functions."  Id. at § 825.115.  See question 8 for a 
discussion of "serious health condition."

10. Id. at § 825.209.

11. Id. at § 825.214.          

12. Id. at § 825.104.

13. 42 U.S.C. § 12111(5)(A)(ADA); 42 U.S.C. § 2000e(b)(Title 
VII).

14. Note that the FMLA has special requirements for public 
and private elementary and secondary schools, due to the unique nature 
of education.  For purposes of coverage, public and private elementary 
and secondary schools are covered by the FMLA regardless of the number 
of employees.  29 C.F.R. §§ 825.104(a), 825.600.  Thus, any elementary 
or secondary school covered by the ADA and Title VII is also covered 
by the FMLA.

15. 29 C.F.R. §§ 825.104(a), 825.108 (FMLA); 
28 C.F.R. § 35.140 (ADA Title II covers all public employers without 
regard to the number of employees, and ADA Title I standards apply by 
incorporation);  29 C.F.R. § 1630.2(e)(ADA Title I applies to all 
employers with 15 or more employees, including state and local 
governments).

16. 42 U.S.C. § 2000e(b)(definition of "employer").  

17. Employees are "eligible" for FMLA leave if they:  (1) 
have been employed by a "covered" employer for at least 12 months, 
which need not be consecutive; (2) had at least 1,250 hours of service 
during the 12-month period immediately before the leave started; and 
(3) are employed at a worksite where the employer employs 50 or more 
employees within 75 miles.  29 C.F.R. § 825.110.

     An "eligible" employee must meet additional FMLA requirements in 
order to take medical leave because of his/her own "serious health 
condition."  A health care provider must find that the employee is 
unable to work at all, or is unable to perform any one of the 
essential functions of his/her job, due to the "serious health 
condition."  29 C.F.R. §§ 825.115, 825.200(a)(4).  The FMLA rule 
incorporates the ADA definition of "essential functions" here.  Id. 
at § 825.115. 

18. 29 C.F.R. §§ 825.114(a)(1),(2).  The FMLA regulations 
explain that "inpatient care" means at least an overnight stay at a 
health care facility, and includes any related period of incapacity 
or subsequent treatment relating back to the inpatient care.  Id. at 
§ 825.114(a)(1).  "Continuing treatment by a health care provider" 
covers five situations: (1) incapacity of more than three consecutive 
calendar days that involves either (a) treatment two or more times by
 a health care provider (or under the direction or orders of a health 
care provider), or (b) treatment by a health care provider on at least 
one occasion resulting in a regimen of continuing treatment under the
supervision of the health care provider; (2) any period of incapacity 
due to pregnancy, or for prenatal care; (3) any period of incapacity 
or treatment due to a chronic serious health condition requiring 
periodic visits for treatment, including episodic conditions such as 
asthma, diabetes, and epilepsy; (4) a period of incapacity which is 
permanent or long-term due to a condition for which treatment may not 
be effective, although the individual is under the continuing 
supervision of a health care provider  (e.g., Alzheimer's, severe 
stroke, or the terminal stages of a disease); and (5) any period of 
absence to receive multiple treatments from a health care provider 
(or on orders or referral from a health care provider) for restorative
surgery or for a condition that would likely result in an absence of 
more than three consecutive calendar days without treatment (e.g., 
cancer (chemotherapy, radiation), severe arthritis (physical therapy),
kidney disease (dialysis)).  Id. at § 825.114 (a)(2).

19. For a detailed discussion of the ADA definition of 
disability, see Compliance Manual Section 902, Definition of the Term 
"Disability."

20. See 29 C.F.R. § 825.500(g)(3).  

21. See 29 C.F.R. § 1630.14(c)(ADA).

22. There is also an exception to the applicable 
confidentiality requirements for government officials investigating 
compliance with the FMLA, pursuant to § 825.500(g)(3) of the FMLA 
regulations.

23. 29 C.F.R. § 1630.14(c)(1) (ADA); 29 C.F.R. § 825.500(g) 
(FMLA).  See generally "ADA Enforcement Guidance:  Preemployment 
Disability-Related Questions and Medical Examinations" at 21-23 
(discussion of confidentiality)(October 10, 1995).

24. 42 U.S.C. § 12111(9)(B)(reassignment to a vacant 
position is a reasonable accommodation); 29 C.F.R. § 1630.2(o)(2)(ii)
(same); "A Technical Assistance Manual on the Employment Provisions 
(Title I) of the Americans with Disabilities Act," at III-24 to III-25 
(discussing reassignment to a vacant position).

25. "Intermittent leave" is FMLA leave taken in separate 
blocks of time due to a single reason, for example pregnancy, when 
leave may be used intermittently for prenatal care examinations or 
episodes of severe morning sickness.  FMLA leave also may be used to 
change an employee's schedule for a period of time, normally from 
full-time to part-time.  29 C.F.R. § 825.203.

26. 29 C.F.R. § 825.203(c).

27. Id. at § 825.204(a); see also special rules governing 
intermittent leave for instructional employees at §§ 825.601, 825.602 
(accounting for factors such as the importance of teacher continuity 
and summer vacations).

     Note that a qualified individual with a disability who is using 
FMLA leave to work reduced hours, and/or has been temporarily 
transferred into another job under the FMLA, may also need a 
reasonable accommodation (e.g., special equipment) to perform an 
essential function of the job.  See 29 C.F.R. § 825.204(b).

28. See supra note 24 (reassignment as a reasonable 
accommodation).

29. 29 C.F.R. § 825.214.  As an exception to the FMLA's 
general guarantee of reinstatement, an employer may deny reinstatement 
(but may not deny leave) to a "key" employee if restoration would 
cause "substantial and grievous economic injury," provided certain 
conditions are met.  29 C.F.R. § 825.216(c).  A "key" employee is "a 
salaried FMLA-eligible employee who is among the highest paid 10 
percent of all the employees employed by the employer within 75 miles 
of the employee's worksite."  Id. at § 825.217.  The FMLA's 
"substantial and grievous economic injury" standard is different from 
and more stringent than the "undue hardship" test under the ADA.    
Id. at  § 825.218(d).

30. 29 C.F.R. § 825.214(b). 

31. Id. at §§ 825.209, 825.210.

32. 29 C.F.R. § 825.220(c).

33. For a discussion of when an employee must provide 
medical certification to support FMLA leave, see 29 C.F.R. § 825.305.

34. 29 C.F.R. § 825.702(a).

35. 29 C.F.R. pt. 1630 app. § 1630.9.  

36. 29 C.F.R. § 825.702(d)(1).

37. 29 C.F.R. § 825.220(d).

38. The FMLA, in contrast, requires an employer to grant 
leave to an eligible employee to care for the employee's spouse, son, 
daughter, or parent with a serious health condition.  
29 C.F.R. § 825.112(a)(3).  The FMLA rule defines "spouse," "son," 
"daughter," and "parent" at 29 C.F.R. § 825.113.

39. 29 C.F.R. § 1630.8 (relationship or association with an 
individual with a disability).

40. See 29 C.F.R. § 1604.10(b).  See generally 29 C.F.R. 
pt. 1604 app. (Questions and Answers on the Pregnancy Discrimination 
Act).