Pregnant employees covered by the Family Medical Leave Act are entitled to 12 weeks of leave. Where employers often get tripped up is assuming that leave needed by pregnant employees is not protected if the employees are not entitled to FMLA leave (for instance, if the employee has not been employed for a year or if the company does not have 50 employees within 75 miles). Employers often forget that pregnant employees are typically required to be accommodated under the Americans with Disabilities Act and that leave is a reasonable accommodation under the ADA. In other words, in almost every case, an employer should be giving reasonable leave to pregnant employees. Depending on the circumstances, reasonable leave may exceed 12 weeks.
If you are facing discrimination or termination by your employer based on your pregnancy, it would be wise to discuss the circumstances with a knowledgeable employment law attorney.