Beginning January 1, 2015, Illinois employers will need to provide reasonable accommodations to pregnant employees and new mothers – including leaves of absence. Under a new law that amends the Illinois Human Rights Act, employees will be able to request reasonable accommodations in the workplace for medical and other common conditions related to pregnancy or childbirth. This new law applies to employers with one or more employees and covers job applicants and part-time, full-time, and probationary employees.
The law includes a list of possible accommodations an employer should consider, such as more frequent rest breaks, a private place for breastfeeding or pumping, seating, equipment changes, assistance with manual and light duty labor, accessibility measures, job transfer, job restructuring, part-time or modified work schedules, and time off or leave necessitated by pregnancy, childbirth, or related medical conditions.
Employers cannot retaliate against an employee who has requested, attempted to request, used or attempted to use a reasonable accommodation for pregnancy or childbirth. However, employers can require an employee to provide medical certification to support the need for a requested accommodation. Further, employers need not provide an accommodation that would impose an “undue hardship” on the business.
Employers will be required to post a pregnancy accommodation notice created by the Illinois Department of Human Rights available later this year. Employers must also include in employee handbooks a notice of employee rights under the new law. Employers can start planning now for workplace adjustments and begin revising handbooks before the law goes into effect.