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I have accepted a position with the federal government and I just found out I am pregnant.

I haven't officially started since I am waiting the completion of my background investigation for a Top Secret (TS) clearance. Should I inform them now or wait until the investigation is complete and I am given a start date. Can pregnancy during the probation period be cause for termination?

Dear Prego,

Congratulations!

Since you have been offered the position and it's contingent upon a successful security clearance investigation, typically a Single Scope Background Investigation (SSBI) for a Top Secret (TS) clearance, (think of a proctology examination of your past) which involves checks of employment, education, organization affiliations, local agencies, where you lived, worked, or gone to school, and interviews with persons who know you, it would serve you well to inform your future employer through the HR representative.

Do not contact your future office or selecting official. Legally, you can only communicate with HR and they will act appropriately, if needed.

In this particular situation you are protected by the Pregnancy Discrimination Act of 1978 an amendment to the Civil Rights Act of 1964. This act prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Pregnant women must be treated in the same manner as other applicants for employment or other employees with similar ability limitations.

The advantage for providing this information is that you demonstrate you are an honest broker and you establish your veracity for such an important federal job: a great start to a federal probation period.

If your supervisor finds out you had prior knowledge of your baby-to-be, it can create a shaky start to your future employee/employer relationship. After all, it can take up to six months to finish the background investigation so one way or another your employer will find out.

The down side is that your employer is expecting you to start immediately and produce, not start and go on maternity leave. On this point, you need to have a plan ready to convey with regard to how you will accomplish your work once hired. If you have no plan, there's no sense in taking the job and preventing someone else from getting it.

Remember you have the law on your side. Just be sure to get a copy of your employment offer in writing and document all communications. If you are not granted the security clearance and you feel it is due to an unlawful employment practice, contact a good lawyer and sue!

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Q: Should you notify your federal employer that you are pregnant?
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