More states are passing laws that require employers to provide reasonable accommodations for workers whose ability to perform their job functions is limited by pregnancy, childbirth, and related conditions. It’s a labor law trend that in all likelihood will continue to spread to more jurisdictions. Since employers may face serious consequences for failure to provide accommodations, compliance should be timely and documented.
What types of accommodations should be considered?
Reasonable accommodations may include:
- more frequent or longer rest breaks
- private non-bathroom space for breastfeeding or expressing breast milk
- reasonable seating
- acquisition or modification of equipment
- assistance with manual labor
- light duty assignments
- temporary transfer to a less strenuous or hazardous position
- reassignment to a vacant position
- the provision of an accessible worksite
- job restructuring
- a part-time modified work schedule
- time off to recover from conditions related to childbirth
- leave necessitated by medical or common conditions related pregnancy or childbirth
Determining which accommodations are appropriate requires an interactive process between the employee and the employer. Most laws prohibit an employer from requiring an employee to accept a particular accommodation or take a leave of absence.
Typically, accommodations must be provided unless the accommodations would create an undue hardship in the operation of the employer’s business or a significant expense to the employer. In addition, employees may be required to provide medical certification of the advisability of a requested accommodation. Employers also may be required by law to provide individual notice or to post a notice of pregnancy accommodation rights in the workplace.
States and localities that have enacted laws specifically protecting pregnant workers include:
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